Resolved Class Actions

Below is a sample of some of the class actions in which we have been involved.

RESOLVED CLASS ACTIONS | September 2021

Brothers of Sacred Heart across Québec (sexual abuse)

On September 3, 2021, the Superior Court of Québec rendered a judgment approving a $60 million settlement in the class actions against the Brothers of Sacred-Heart on behalf of all persons who had been sexually assaulted in Québec by a religious member of “Frères du Sacré-Coeur” / Brothers of the Sacred Heart.

The class action provided access to justice to all victims throughout Québec who were sexually abused by religious members of the Brothers of Sacred Heart. The class action alleged that the sexual abuse was perpetrated systematically for several decades in numerous establishments across the Province of Québec.

RESOLVED CLASS ACTIONS | September 2021

Brothers of Sacred Heart at Collège Mont Sacré-Coeur (sexual abuse)

On September 2, 2021, the Superior Court of Québec rendered a judgment approving a settlement of $60 million on behalf of all persons who had been sexually assaulted in Québec by a religious member of The Brothers of the Sacred Heart.

In order to benefit from the settlement, class members had until July 30, 2022 to submit a claim.

RESOLVED CLASS ACTIONS | June 2021

Collège Servite (formerly Collège Notre-Dame des Servites) in Ayer’s Cliff (sexual abuse)

On June 29, 2021, the Superior Court of Québec rendered a judgment approving a settlement of $11.6 million in the sexual abuse class action against Les Servites de Marie de Québec, Servites de Marie and Collège Servite. The settlement amount represented virtually the entire value of the defendants’ assets (other than personal effects and certain movable property).

Class members consisted of “All persons who were sexually abused by a religious member of the religious congregation Servites de Marie, while they were students, guests or candidates for admission at Collège Servite (formerly, Collège Notre-Dame des Servites), between 1948 and 2007.”

In order to benefit from the settlement, class members had until November 12, 2021 to submit a claim.

RESOLVED CLASS ACTIONS | May 2021

CHSLD Herron

On May 6, 2021, the Superior Court of Québec rendered a judgment approving a $5.5 million settlement of this case.

The settlement was for the benefit of the following class:

“All individuals resident in the CHSLD Herron at any time from March 13, 2020 to May 31, 2020 (“Residents”), estates of any such Residents who passed away between March 13, 2020 and May 31, 2020 (“Estates”), as well as the surviving spouses and children of Residents who passed away between March 13, 2020 and May 31, 2020”.

The action against the CHSLD Herron alleged that it acted recklessly and showed a wanton disregard for the life, safety and dignity of its residents in connection with the COVID-19 pandemic.

To benefit from the settlement agreement, class members had to submit a claim by November 17, 2021.

RESOLVED CLASS ACTIONS | May 2018

Depuy ASR (hip implants)

By judgment dated May 22, 2018, the Superior Court of Québec approved a settlement of the class action against Depuy Orthopaedics Inc. and Johnson & Johnson Inc. Pursuant to the settlement, the Defendants paid $20 million, to be distributed to class members who submitted valid claims according to a protocol established exclusively by the Plaintiff and Class Counsel, without any involvement of the Defendants.

The Settlement Agreement was for the benefit of Québec class members who underwent hip replacement surgery, between July 2003 and August 24, 2010, and who received an artificial hip implant referred to as an ASR Resurfacing or an ASR XL Acetabular implant. The ASR Implants were subject to a worldwide recall on August 24, 2010.

In order to be eligible for compensation, class members had until May 24, 2019 to submit a claim.

RESOLVED CLASS ACTIONS | May 2016

A-25 highway

On May 20, 2016, the Superior Court of Québec rendered a judgment approving the settlement agreement reached between the parties.

Kugler Kandestin represented Union des consommateurs and the representative Plaintiff, Jean-Pierre Drevillon on behalf of individuals who were charged administrative fees for driving on the Autoroute A-25 bridge without a transponder or client account. The class action alleged that there was no mention of these fees on the highway and that class members had the right to be compensated for the fees that they were charged.

Class members had until August 28, 2016 to file a claim.

RESOLVED CLASS ACTIONS | February 2016

The Clerics of Saint-Viator of Canada and l’Institut Raymond Dewar (sexual abuse)

On February 16, 2016, the Superior Court of Québec rendered a judgment approving a $30 million settlement for victims of sexual abuse at the former Montreal Institute for the Deaf.

Kugler Kandestin represented the Centre de la Communauté Sourde du Montréal Métropolitain (“CCSMM”) against l’Institut Raymond-Dewar (formerly known as “Institut des Sourds de Montréal “) and Clercs de Saint-Viateur du Canada on behalf of victims of sexual abuse perpetrated by adults in authority at the institution.

Class members had until September 2, 2016 to submit a claim.

RESOLVED CLASS ACTIONS | February 2016

Frère Jean-Paul Thibault (sexual abuse)

By judgment dated February 1, 2016, the Superior Court of Québec approved a settlement of the class action instituted on behalf of victims of sexual abuse committed by Jean-Paul Thibault while he was affiliated with Collège St-Hilaire.

Pursuant to the judgment, class members were eligible to receive a net minimum of between $55,000 and $110,000 as compensation.

Class members had until July 5, 2016 to file a claim.

RESOLVED CLASS ACTIONS | October 2014

Avantage Link Inc. (formerly Jitec Inc.)

Kugler Kandestin settled these securities class actions on behalf of class members and the Superior Court of Québec approved the settlement.

Class members consisted of persons who sustained losses on shares of Jitec Inc. that they owned between July 26, 2000 and November 9, 2000, due to the alleged actions of the defendants regarding the trading volume and the price of Jitec Inc. stock on the Montreal Stock Exchange.

The amount of the settlement was $9.85 million.

RESOLVED CLASS ACTIONS | July 2014

Séminaire Saint-Alphonse, the Redemptorists and Father Raymond-Marie Lavoie (sexual abuse)

On July 10, 2014, Kugler Kandestin obtained a landmark judgment against the religious order, the Redemptorists, as well as against Séminaire Saint-Alphonse, on behalf of numerous victims of sexual abuse.

The Judgment marked the first time in Québec history that a Québec court condemned a religious order to pay damages to a group of individuals who were sexually abused by the order’s members.

Kugler Kandestin successfully proved that as many as eleven priests sexually abused children attending the religious boarding school in a systemic manner over a period of more than 25 years.

Following the judgment, Kugler Kandestin settled the case and recovered $20 million for class members.

RESOLVED CLASS ACTIONS | March 2012

Royal Bank of Canada (victims of Earl Jones)

Kugler Kandestin obtained the Superior Court of Québec’s approval of a $17 million settlement in favour of the victims of Earl Jones in a class action against the Royal Bank of Canada.

The class action allowed class members to recover substantial compensation from the Royal Bank of Canada, the bank which Earl Jones used to perpetrate a Ponzi scheme for many years.

RESOLVED CLASS ACTIONS | May 2009

Joseph Élie Inc.

Kugler Kandestin filed a class action against the heating oil provider, Joseph Elie Inc., on behalf of thousands of customers who were charged for heating oil that was not in fact delivered.

The Superior Court of Québec approved a settlement of the case, pursuant to which class members recovered 100% of the amounts that they overpaid.

RESOLVED CLASS ACTIONS | July 2008

Honda Canada Inc.

Kugler Kandestin successfully represented the Petitioner in a class action on behalf of all owners or lease holders of vehicles who had to pay reinstallation costs with respect to certain accessories in connection with an ignition switch recall initiated by Honda Canada Inc. After the class action was authorized, the Superior Court of Québec approved a settlement agreement that provided for the reimbursement of costs to reinstall the accessories in question up to an amount of $37.50.

Class members had until October 31, 2008 to file a claim.

RESOLVED CLASS ACTIONS | December 2007

CIBC Asset Management

Kugler Kandestin filed a class action on behalf of investors of a mutual fund (unit holders of the Atlas American RSP Index Fund, subsequently known as the Merrill Lynch U.S. RSP Index Fund, then known as the Renaissance U.S. RSP Index Fund and thereafter known as the Renaissance U.S. Index Fund) who sustained investment losses as a result of the fund administrator introducing the risk of currency fluctuations, and thereby materially changing the nature of the investment.

The Superior Court of Québec approved a settlement of the case, pursuant to which class members recovered $20 million.

RESOLVED CLASS ACTIONS | October 2006

Sony BMG Musique (Canada) Inc.

Kugler Kandestin successfully represented the Petitioner in a class action on behalf of all persons in Québec who purchased, received, came into possession of, or otherwise used CD manufactured and/or sold by Sony BMG Musique (Canada) Inc. during a specific period based on allegations that the CDs contained harmful software and collected personal information of class members without their express consent and knowledge.

The Superior Court of Québec authorized the institution of the class action to approve the out of court settlement that was agreed to by parties. Pursuant to the settlement, the defendants and others agreed, among other things, not to manufacture any other CD containing the problematic software, to destroy the personal information collected, and to provide either a cash payment and/or free CDs to class members.

Class members had until June 2007 to file a claim.

RESOLVED CLASS ACTIONS | July 2004

Shell Canada Limitée

Kugler Kandestin successfully represented the petitioner in a class action on behalf of all owners or lease holders of vehicles that had used Shell gasoline during a certain period.

After the class action was authorization, the Superior Court of Québec approved a settlement that provided for the reimbursement of expenses incurred due to mechanical breakdown inspection costs of cars.

Kugler Kandestin, in not accepting the out-of-court settlement that was reached elsewhere in Canada, succeeded in negotiating for Québec members not only the reimbursement of expenses for the few vehicles that had a mechanical breakdown (which was the case for the out of court settlement reached elsewhere in Canada), but also inspection costs.

The period for class members to file a claim ended in 2004.

RESOLVED CLASS ACTIONS | April 2003

Sulzer (defective hip implants)

Kugler Kandestin filed a class action on behalf of all persons in Canada who received a hip implant manufactured and sold by Sulzer (which was subsequently purchased by Centerpulse, and then by Zimmer).

Kugler Kandestin worked with with attorneys throughout the United States, and ultimately negotiated a settlement that allowed class members to recover substantial compensation for the pain, suffering, and loss of enjoyment of life that they sustained. The settlement was approved by the Superior Court of Québec.

If you have any questions concerning our class action practice, or believe that you have been wronged, please don’t hesitate to contact us. Your communications with us are confidential and free.