Kugler Kandestin files class action lawsuit on behalf of Netflix users who were charged higher fees
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 alleged that the notice sent by Netflix informing users of the price increase did not comply with the public order provisions of the Consumer Protection Act. Notably, the Motion alleged that the notice failed to advise users of the fee that they were previously paying, or their right to cancel their subscriptions if they refused the price increase.
On October 25, 2018, the Quebec Superior Court dismissed the Motion for authorization. On October 2, 2019, the Quebec Court of Appeal dismissed the appeal from the decision of the Quebec Superior Court. On April 2, 2020, the Supreme Court of Canada refused leave to appeal from the decision of the Quebec Court of Appeal. The decision of the Supreme Court of Canada means that this class action will not be proceeding.