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PAUL BENJAMIN V. VW CREDIT CANADA INC.

Message to GM Sub-Class Members – April 16, 2019

A Settlement Agreement has been reached between the Representatives, Paul Benjamin and Adam Benjamin, and GM Financial for the following GM Sub-Class Members:  

All natural persons, private legal persons, companies or associations residing or having resided in Quebec, who contracted for the long-term lease of a vehicle with GM Financial Canada Leasing Ltd. and who were charged fees, in the capacity of assignor or assignee, to effect the assignment of the vehicle lease since April 5, 2015.

 the “GM Sub-Class” or the “GM Sub-Class Members”;

Pursuant to the Settlement Agreement, as full and final compensation of the alleged claims in the proposed class action, each Member of the GM Sub-Class will receive a total amount of $110. GM Financial will directly issue to each GM Sub-Class Member a cheque in this amount, which will be mailed to the Class Members directly. The Settlement Agreement is not an admission of liability on the part of GM Financial.

On April 11, 2019, the Court rendered a judgment authorizing the Representatives to institute a class action in the judicial District of Montreal on behalf of the GM Sub-Class Members, for settlement purposes only. The Court also authorized the sending of a Notice to the GM Sub-Class Members to inform all members about the settlement and their rights thereof. In particular, on May 28, 2019, the Court will hear an Application for Approval of the Settlement Agreement and an Application to Approve Class Counsel’s Fees.

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NOTICE OF APPLICATION FOR AUTHORIZATION TO INSTITUTE A CLASS ACTION

C.C.M.: 500-06-000920-187

IMK LLP has filed an Application for Authorization to Institute a Class Action on behalf of the proposed class representative, Paul Benjamin. The proposed class includes the following two groups (collectively, the “Class Members”):

Collective Class: All natural persons, moral persons under private law, corporations or associations that reside or have resided in Quebec, who have entered into a long-term lease for a vehicle with one of the Defendants and who were charged a fee in order to assign the vehicle’s lease since April 5, 2015.

Consumer Subclass: All consumers that reside or have resided in Quebec, who have entered into a long-term lease for a vehicle with one of the defendants and who were charged a fee in order to assign the vehicle’s.

The action was filed against ten defendants who are companies that act directly, or through their affiliates, as the lessee of the Class Members’ long-term lease contracts.

The Class action alleges that the defendants required the payment of a fee for the purpose of assigning their long-term vehicle leases (the “Assignment Fee”) which exceeded the reasonable expenses that could result from the assignment of a lease. In the case of the Consumer Subclass, it is also alleged that certain defendants charged an Assignment Fee, the total amount of which was not precisely indicated in their long-term vehicle lease contracts in contravention of the Consumer Protection Act. The action seeks the reimbursement of the Assignment Fee overpaid by Class Members and punitive damages on behalf of all Class Members who are “consumers” within the meaning of the Quebec Consumer Protection Act.

Under Quebec law, everyone in Quebec who is a member of the Class is automatically included unless they decide to opt out. The opt-out procedure will be determined at a later date by the Court if the case is authorized, so there is nothing that you are required to do right now. However, if you wish to share information with us about your lease assignment experience, or if you are interested in acting as co-representative plaintiff, please contact us at cmckenzie@imk.ca or maber@imk.ca or call 514 935-4460 and ask to speak to Catherine McKenzie or Mouna Aber.

REGISTRATION FORM

NOTICE:
Please note that by completing this form you are merely indicating your interest in the class action and that no compensation is guaranteed. We will not be analysing your individual case at this time and you may not be eligible for the class action.

It is the court's role to decide whether the class action is well-founded, whether there will be any compensation and what that compensation will be. The court will also determine who is eligible to receive that compensation, as the case may be, and can modify the group definition, which could result in your exclusion from the class action.

We will advise everyone who has registered for the class action of the outcome and we may provide other updates from time to time. Please notify us of any changes in your address or email address.

By completing this form you agree that we may communicate with you through the email address provided.
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