NOTICE TO MEMBERS
1. TAKE NOTICE that the bringing of a class action
has been authorized on the 25th day of August, 2005 by judgment of the
Honourable Mr. Justice Michel Delorme of the Superior Court, for the
benefit of the natural persons forming part of the group hereinafter
described, namely :
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«All consumers residing in Quebec that either purchased or leased an automobile from
one of the respondent car manufacturers for which the financing was assured by
one of the financing companies associated with one of the manufacturing
respondents and to whom was demanded the payment for the registration of a
right in the register of personal and movable real rights for the period of
September 27, 1999 to September 27, 2002.» |
2. The Chief Justice has ordered that the class
action authorized by the said judgment shall be brought in the district of
Montréal.
3. The address of the petitioner is as follows :
Madame Lucie Billette
4362 rue Oxford
Montréal, Qc., H4A 2Y6
The address of the respondents is as follows :
Toyota Canada Inc.
1400, rue Nobel
Boucherville, Qc., J4B 5H3 |
Toyota Crédit Canada Inc.
Services Financiers Toyota
1400 rue Nobel
Boucherville, Qc., J4B 5H3 |
General Motors du Canada Ltée
5000, route Transcanadienne
Pointe-Claire, Qc., H9R 4R2 |
General Motors Acceptance Corp. du Canada Ltéé.
455, boul. Fenelon, bureau 310
Dorval, Qc., H9S 5S1 |
Daimler Chrysler Canada Inc.
3000, route Transcanadienne
Pointe-Claire, Qc., H9R 4P6 |
Services Financiers DaimlerChrysler (DEBIS) Canada Inc.
Services Financiers Chrysler Canada
3100, Chemis Côte-Vertu, bureau 400
St-Laurent, Qc., H4R 2J8 |
Honda Canada Inc.
1750, rue Eiffel
Boucherville, Qc., J4B 7W1 |
Honda Canada Finance Inc.
1750, rue Eiffel
Boucherville, Qc., J4B 7W1 |
Volkswagen Canada Inc.
333, chemin Côte-Vertu, bureau 440
St-Laurent, Qc., H4R 2N1 |
Crédit VW Canada Inc.
Volkswagen Finance
333, chemin Côte-Vertu, bureau 440
St-Laurent, Qc., H4R 2N1 |
Hyundai Motor America
Hyundai Auto Canada
1155, boul. René-Lévesque O., bureau 3100
Montréal, Qc., H3B 3S6 |
Suzuki Canada Inc.
4111 Boul. Poirier
St-Laurent, Qc., H4R 2G9 |
Subaru Canada Inc.
9750, route Transcanadienne
St-Laurent, Qc., H4S 1V9 |
Services de Financement Automobile Primus Canada Inc.
Crédit Hyundai Canada
Crédit Suzuki Canada
Crédit Subaru Canada
800, Place Victoria, bureau 3400
Montréal, Qc. H4Z 1E9 |
Ford du Canada Ltéé
6505 route Transcanadienne, Bureau 200
St-Laurent, Qc., H4T 1S3 |
Crédit Ford du Canada Ltée.
800, Place Victoria, bureau 3400
Montréal, Qc., H4Z 1E9 |
Mazda Canada Inc.
1155, boul. René-Lévesque O.
Montréal, Qc. H3B 3V2 |
Crédit Mazda Canada Inc.
800, Place Victoria, bureau 3400
Montréal, Qc., H4Z 1E9 |
Nissan Canada Inc.
Nissan Canada Finance
18109, route Transcanadienne
Kirkland, Qc., H9J 3K1 |
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4. For the purposes of the class action, the status of representative
has been ascribed to Mrs. Lucie Billette, 4362, rue Oxford, Montréal, Qc., H4A 2Y6;
5. The principal question of law or fact to be dealt with collectively are as
follows :
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With regard to each of the class members who has concluded
a purchase and financed contract or a lease contract of an automobile
from one of the respondents and has had to pay registration fees for
the registration of real rights into the register of personal and movable
real rights : |
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1. Does the Consumer Protection Act apply to the above contracts (L.R.Q., c. P-40.1) ? |
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2. Did each class member receive all the information
required under the Consumer Protection Act ? |
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3. Does the publicity emanating from the respondents
contravene sections of the Consumer Protection Act ? |
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4. Do the class members have a right to be reimbursed the
cost of the registrations fees to the register of personal and movable real rights ? |
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5. Do the class members have a right to damages and
interests ? |
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6. Do the class members have a right to punitive damages
and interests ? |
6. The conclusions sought with relation to such questions are as follows :
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RECEIVE your petitioner's motion;
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CONDEMN each of the linked respondents to reimburse
jointly and severally, to the representative and each class member with whom
they have contracted, the amount paid by each member for the registration fees to
the register of personal and movable real rights;
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CONDEMN each of the linked respondents
to reimburse jointly and severally, to the representative and each class
member with whom they have contracted, an amount of $100 for damages and
interests and order the collective recovery of this condemnation;
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CONDEMN each of the linked respondents
to reimburse jointly and severally, to the representative and each class member
with whom they have contracted, a lump sum of $100 for punitive damages and
order the collective recovery of this condemnation;
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CONDEMN each of the linked respondents
to reimburse jointly and severally, the interests accrued on these sums plus
the additional indemnity of article 1619 C.c.Q. as of the date of service of
the present motion.;
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CONDEMN the respondents to cost,
including the cost of publication of notices; |
7. The class action to be brought by the representative for the benefit of the group will be as follows :
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« An action in reimbursement of the registration
fees to the register of personal and movable real rights, illegally charged,
damages and interests and punitive damages as well as the interest and
additional indemnity provided for in the Quebec civil Code » |
8. Any member of the group who has not requested his exclusion in the manner
hereinafter indicated, will be bound by any judgment to be rendered on the class action.
9. The date after which a member can no longer request his exclusion without
special permission, has been set at the 30th day after the publication of this notice.
10. A member who has not already brought a suit in
his own name, may request his exclusin from the group by advising the
clerk of the Superior Court of the district of Montreal by registered or
certified mail, before the expiry of the delay for exclusion.
11. Any member of the group who has brought a suit
which the final judgment on the class action would decide, is deemed to
have requested his exclusion from the group if he does not, before the
expiry of the delay for exclusion, discontinue such suit.
12. A member of the group other than the representative or an intervenant
cannot be condemned to pay the costs of the class action.
13. The Court may permit a member to intervene in the
class action if it considers such intervention useful to the group.
An intervening member may be bound to submit to examination on discovery at the
request of the respondent. A member who does not intervene in the
class action can only be required to submit to an examination on discovery
if the Court considers it useful.
Montreal, November 12, 2005
Counsel of the representative :
Adams Gareau
Sherbrooke O., bureau 1530
Montreal, Qc., H3A 3G4
Tel: (514) 848-9363
Fax: (514) 848-0319
www.adamsgareau.com |
Counsel for the respondents :
Lavery, DeBilly
Nicholl, Paskell-Mede
Fraser, Milner, Casgrain
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