Woods once again succeeds in getting an application for a class action authorization dismissed
Once again, Woods has succeeded in having an application for authorization to institute a class action against their client, Vidéotron, dismissed. This claim was for damages regarding infringements and false representations with respect to the sale and offer for sale of additional warranties in virtue of the Consumer Protection Act.
In his judgment rendered on September 9th, 2016, the Honourable Pierre Nollet authorized the class action against only 5 of the 13 Defendants with respect to only one cause of action out of the three causes alleged by Plaintiffs founded on false representations. The Honourable Pierre Nollet concluded that the Plaintiffs presented an arguable case against certain Defendants claiming that Defendants’ vendors had represented that if they did not purchase the additional warranty and there was an equipment failure after the expiry of the manufacturer’s warranty, they would assume the cost of repairs or replacement.
Honourable Mr. Justice Nollet upheld the arguments presented by our firm on the absence of colour of right with respect to the false representations alleged against Vidéotron and on the fact that the action was prescribed, an argument which is rarely accepted by the courts at this stage of the authorization.
