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Blog - Uncategorised

Kugler Kandestin files class action lawsuit on behalf of Netflix users who were charged higher fees

11th August 2017 Uncategorised,

On August 11, 2017, Kugler Kandestin filed a Motion for authorization to institute a class action on behalf of Netflix users who were unilaterally charged higher fees.

The Motion alleges that the notice sent by Netflix to inform its users of the fee increase did not comply with the public order provisions of the Consumer Protection Act. Notably, the notice failed to advise users of the fee that they were previously paying, or their right to cancel their membership if they refused the increase.

The Motion seeks the reimbursement of all increased fees paid to Netflix after August 11, 2014, following Netflix’s notice, as well as punitive damages. For more information, please click here.

Kugler Kandestin Lawyers Recognized in Lexpert and Benchmark Canada

8th May 2017 Uncategorised,

Kugler Kandestin is proud to announce the recent recognition of a number of its lawyers.

Gordon Kugler (Product Liability and Litigation-Commercial Insurance), Gerald F. Kandestin (Insolvency & Financial Restructuring), and Robert Kugler (Class Actions) were recognized in the 2017 edition of the Canadian Legal Lexpert Directory, which profiles leading practitioners across Canada.

David Stolow was named a “Litigation Star” in the 2017 edition of Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys in the areas of General Commercial Litigation and Arbitration.

Kugler Kandestin wins $18 million judgment for Bixi creditors against the City of Montreal

20th April 2017 Uncategorised,

By judgment dated April 18, 2017, Justice Martin Castonguay of the Québec Superior Court ordered the City of Montreal to pay Bixi’s bankruptcy trustee, represented by Kugler Kandestin, $15.9 million plus interest.

The judgment accepted Kugler Kandestin’s contention that Société de Vélo en Libre-Service (SVLS) was a commercial enterprise, and that it was unlawful for the City of Montreal to loan money to such a business.  The judgment nullified the loan agreement entered into by the City of Montreal and SVLS, as well as the security the City of Montreal purported to hold over the assets of SVLS in virtue of the loan agreement.  With interest, the judgment requires the City of Montreal to pay in excess of $18 million to the bankruptcy trustee of SVLS.

New class action on behalf of victims of sexual abuse committed by Brothers of Sacred Heart at Collège Mont Sacré-Coeur

19th October 2016 Uncategorised,

Kugler Kandestin lawyers recognized in the 2017 edition of the Best Lawyers in Canada®

10th August 2016 Uncategorised,

Kugler Kandestin is pleased to announce that six of its lawyers have been included in the 2017 edition of the Best Lawyers in Canada®, a leading peer-review publication. Gordon Kugler was also recognized as “Lawyer of the Year” in Montréal in Legal Malpractice Law.

  • Michael Gaon – Equipment Finance Law
  • Gerald F. Kandestin – Asset-Based Lending Practice, Banking and Finance Law, Insolvency and Financial Restructuring Law
  • Gordon Kugler – Bet-the-Company Litigation, Class Action Litigation, Corporate and Commercial Litigation, Insurance Law, Legal Malpractice Law, Personal Injury Litigation, Product Liability Law
  • Sandra Mastrogiuseppe – Alternative Dispute Resolution, Corporate and Commercial Litigation
  • David Stolow – Alternative Dispute Resolution, Appellate Practice, Bet-the-Company Litigation, Class Action Litigation, Corporate and Commercial Litigation
  • Arthur J. Wechsler – Personal Injury Litigation

Just in time for our 90th anniversary, Kugler Kandestin has moved! Same building, new suite.

30th May 2016 Uncategorised,

Click here for our new address.

Settlement Agreement of $4,850,000.00 in the class action concerning the A25 Bridge approved by the Court

6th April 2016 Uncategorised,

On February 29, 2016, Union des consommateurs, represented by Kugler Kandestin, finalized a settlement agreement with Concession A25, s.e.c. and the Attorney General of Quebec.

The settlement was approved by the Quebec Superior Court on May 20, 2016.

For the members of the group who must complete a Claims Form, said form must be filled out and returned online by no later than August 28, 2016.

For further information with respect to this class action and to learn about the Court approved claims process, click here.

Appeals dismissed in important $8 million hockey injury judgment

16th May 2016 Uncategorised,

On February 1, 2016, Kugler Kandestin obtained an $8 million judgment in favour of Andrew Zaccardo and his family. Andrew was rendered a tetraplegic as a result of being checked into the boards from behind, head-first, during a Midget AA hockey game when he was 16 years old.

Québec Superior Court Justice Daniel Payette ruled that the player who checked Andrew was negligent and committed a civil fault, because it was known to him and all players that “checking from behind” into the boards is extremely dangerous and is not an acceptable part of the game of hockey. Justice Payette held that player, as well as his liability insurance company, legally responsible to pay $8 million in damages to the Zaccardo family.

The player who injured Andrew, as well as his liability insurance company, filed appeals from Justice Payette’s judgment. Kugler Kandestin filed an Application to Dismiss those appeals on the ground that the appeals had no reasonable chance of success. On May 2, 2016, the Québec Court of Appeal granted the Application, dismissed the appeals, and upheld the judgment of Justice Payette.

The judgments of Justice Payette and the Québec Court of Appeal confirm that participants in sporting activities may be held liable when their negligent conduct causes injury to another player. The amount of $8 million awarded by these judgments is the highest amount ever awarded by a court in Canada for bodily injuries suffered during a sporting event.

If you have any questions about this matter, kindly contact Stuart Kugler or Arthur J. Wechsler, who represented the Zaccardo family.

Recognition for Kugler Kandestin Lawyers

14th March 2016 Uncategorised,

Kugler Kandestin is proud to announce the recent recognition of a number of its lawyers.

Gordon Kugler, Gerald F. Kandestin, and Michael H. Kay were recognized in the 2016 edition of the Canadian Legal Lexpert Directory, which profiles leading practitioners across Canada.

David Stolow was named a Litigation Star in the 2016 edition of Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys in General Commercial litigation and Arbitration.

$30 Million settlement agreement concluded with the Clerics of Saint-Viator of Canada and l’Institut Raymond Dewar

9th November 2015 Uncategorised,

The Superior Court of Quebec has approved a $30 million settlement for victims of sexual abuse at the former Montreal Institute for the Deaf.

This is by far the the largest ever settlement in Quebec history for the sexual abuse of minor children.

For more information with respect to the settlement and the claims process, please click here.