UPDATE OCTOBER 2023: IMPORTANT NOTICE CONCERNING THE RESCHEDULED SETTLEMENT APPROVAL HEARING DATE
The settlement approval hearing, previously scheduled for June 12, 2023 at 9:00 a.m., was adjourned and will now be held on October 20, 2023 at 9:30 a.m. in room 14.09 of the Montreal Courthouse located at 1, Notre-Dame East Street, Montreal Quebec. You can also connect via this TEAMS link. A copy of the judgment rendered on June 8, 2023, adjourning the hearing, is accessible here.
Authorization of the Class Action
On December 29, 2017, a class action was commenced in Quebec against Apple Canada Inc. and Apple Inc. (“Apple”), and later amended, notably alleging that: (1) Apple failed in its duty to inform consumers of the limited lifespan of the rechargeable batteries in relation to the lifespan of the iPhone when consumers purchased an iPhone, and (2) when selling AppleCare and/or AppleCare+, Apple failed in its duty to inform Quebec consumers, orally and in writing, in the manner prescribed by regulation, of the existence and nature of the legal warranty under the Consumer Protection Act (“CPA”). The Representative Plaintiffs asked the Court to order Apple to pay compensatory and punitive damages in amounts to be determined.
On July 16, 2019, the Honourable Justice Chantal Corriveau of the Superior Court of Québec authorized the bringing of this class action against the Defendants. On March 17, 2021, and as rectified on April 15, 2021, the Quebec Court of Appeal redefined one of two class descriptions and a common question. The classes were defined as follows:
Apple Battery Class
All consumers who purchased an iPhone since December 29, 2014.
All consumers who, since December 20, 2015, purchased “AppleCare” and/or “AppleCare+” for an Apple product including an iPhone, Apple Watch, iPad, iPod and/or MacBook and were not informed of their legal warranty under the Consumer Protection Act at the time of purchase.
On May 5, 2023, the Honourable Justice Marie-Christine Hivon of the Superior Court of Québec modified the AppleCare Class as follows:
All consumers who, between December 20, 2015, and January 26, 2023, purchased “AppleCare” and/or “AppleCare+” for an Apple product in Quebec, including but not limited to an iPhone, Apple Watch, iPad, iPod, Marc and/or MacBook and were not informed of their legal warranty under the Consumer Protection Act at the time of purchase.
(Together with the Apple Battery Class, the “Class Members”)
Proposed Settlement of the Class Action
The parties to this class action have reached a proposed settlement (the “Settlement Agreement”), subject to obtaining the approval of the Superior Court of Quebec. The Settlement Agreement provides that the Defendants will pay a total of $6,000,000.00 CAD, which includes the payment of Class Counsel fees of 30% of this amount ($1,800,000.00 CAD) plus taxes and disbursements, but excludes the payment of Administration Expenses, which will be paid separately by the Defendants.
This Settlement Agreement is a compromise of disputed claims and is not an admission of liability, wrongdoing or fault on the part of the Defendants.
The Settlement Agreement, if approved by the Court, provides for benefits to be paid to Eligible AppleCare Class Members. An Eligible AppleCare Class Member is an AppleCare Class Member who purchased AppleCare in a Quebec Apple Store. This specifically excludes the purchase of AppleCare by any other method.
If approved by the Court, this Settlement Agreement provides for Eligible AppleCare Class Members to:
a) automatically receive $25.00 per AppleCare contract purchased in an Apple Store in Quebec between December 20, 2015 and January 26, 2023;
b) be able to submit a claim that, if approved, will provide for an additional amount of up to 50% of what they paid for their AppleCare contract(s), before sales tax, between December 20, 2015 and January 26, 2023.
Eligible AppleCare Class Members will receive these payments via an e-transfer to their last known e-mail address that the Defendants have on file. If you receive Notice by post, Apple does not have a valid email address for you on file. Please contact the Claims Administrator to provide information for an e-transfer. Otherwise, if the settlement is approved, you will receive a cheque to this same address.
In return for the payment of the Settlement Amount, the Defendants will receive a release from the AppleCare Class Members and a declaration of settlement out of court of the Class Action.
Discontinuance of the Battery Class
The Plaintiffs will discontinue the claims related to the Battery Class. If the Court allows the discontinuance, the Battery Class and related Battery Claim will be terminated. Limitation periods will no longer be suspended. Therefore, should they so desire, Battery Class Members may pursue their own legal claims at their own expense.
The Battery Class Members will not be compensated related to this claim and no release from the Battery Class will be given towards the Defendants.
Settlement Approval Hearing
A hearing before the Superior Court of Québec will be held on June 12, 2023 at 9:00 a.m., at the Montreal courthouse located at 1, Notre-Dame East Street, Montreal, Quebec, in room 2.08, or via a TEAMS link. This date may be subject to adjournment by the Court without further publication notice to the Class Members, other than such notice which will be posted on Class Counsel’s website www.lpclex.com/appleCare and on this website.
What options do I have now?
YOUR OPTIONS IN THIS SETTLEMENT AND HOW TO EXERCISE THEM
I want to be part of the proposed Settlement
You do not need to do anything. If the Settlement Agreement is approved, another notice to Class Members will be sent explaining the method of distributing the settlement funds and confirming the approval of the discontinuance of the Battery Class.
I want to be excluded (opt-out) from the Settlement
If you are a member of the AppleCare Class or the Battery Class and you wish to exclude yourself from the Class Action, you will not be entitled to participate further in the Class Action, or to share in the distribution of funds received as a result of the Settlement Agreement. To exclude yourself, you must send a notice no later than June 11, 2023, by email to Class Counsel at the following address: [email protected]. You must state that you wish to exclude yourself from the class action Badaoui v. Apple Canada Inc. et al. (case number N° 500-06-000897-179).
Deadline: June 11, 2023
If you disagree with the Settlement Agreement, but you do not wish to opt out of the class action, you can object to the Settlement Agreement by delivering a written submission on or before June 11, 2023, filed with the Court or Class Counsel (at the following address: [email protected]) in accordance with the proposed Settlement Agreement and containing the following information:
(a) The objector’s name, address, telephone number(s), fax number (where applicable) and email address(es);
(b) A brief statement outlining the nature of, and reason for, the objection; and
(c) A statement as to whether the objector intends to appear at the Settlement Approval Hearing in person or by legal counsel and, if by legal counsel, the name, address, telephone number, fax number and email address of such legal counsel.
For more information or details about the proposed Settlement Agreement, you may contact the Claims Administrator or Class Counsel.
Please do not contact the Defendants or the judges of the Superior Court with inquiries about this Settlement.