PAUL BENJAMIN V. VW CREDIT CANADA INC.
NOTICE OF APPLICATION FOR AUTHORIZATION TO INSTITUTE A CLASS ACTION
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 firstname.lastname@example.org or email@example.com or call 514 935-4460 and ask to speak to Catherine McKenzie or Mouna Aber.
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.
- Demande en autorisation-18-04-05
- Ordonnance de désignation-18-08-09
- Demande en autorisation re-modifiée-19-02-06