1. Strosberg Sasso Sutts LLP is counsel in a class action commenced against Microsoft Corporation and Microsoft Canada Co./Microsoft Canada CIE (“Defendants”) in 2005. Parallel class actions were commenced in British Columbia and in Quebec. Counsel in all three actions are co-operating to pursue the litigation in a coordinated manner between the three jurisdictions.
2. The Courts certified a pan-Canadian class of persons resident in Canada on May 25, 2016, who between December 23, 1998 and March 11, 2010 (inclusive) indirectly, and not for purpose of further selling or leasing, purchased a genuine license for any full or upgrade version of:
(a) Microsoft’s Word or Excel applications software or Microsoft’s Office, Works Suite, or Home Essentials application suites, intended for use on Intel-compatible personal computer; or
(b) Microsoft’s MS-DOS or Windows operating systems software intended for use on Intel-compatible personal computers.
3. The period ordered by the Courts to permit persons to opt out of the class actions has passed. No one opted out of the proceedings.
4. The parties agreed and the Courts ordered that the trial proceed first in the British Columbia action by way of a modified trial structure. The trial phase of the British Columbia action commenced in May 2016. Exchange of the parties written cases, expert reports, and pre-trial applications took place.
5. During the course of the trial, the parties participated in two mediations with the result that an agreement in principle was reached between them.
6. The parties executed a nationwide Settlement Agreement as at July 11, 2018. The Settlement Agreement requires approval of the Courts in the three jurisdictions to become effective. The Settlement Agreement may be reviewed here.
7. By Court orders made in July and August 2018, the Courts approved an extensive notice campaign to begin. The Short Form Notice of Settlement Approval Hearings may be reviewed here. The Long Short Form Notice of Settlement Approval Hearings may be reviewed here.
8. Settlement class members have until September 11, 2018 to advise the Courts of any objections they have concerning the Settlement.
9. The Settlement Approval Hearings will proceed first in British Columbia, followed by hearings in Ontario and Quebec. The Ontario Settlement Approval Hearing will be held at the Court House, 130 Queen Street West, Toronto, ON, Thursday, October 18, 2018 at 10:00 am.
10. If the Settlement Agreement is approved by all three Courts, a claims program to distribute the settlement amount will commence shortly after the approval. Class Members are urged to keep all proofs of purchase of Microsoft operating systems and Microsoft applications during the class period in their possession as they will be required in the claims process in some circumstances.
11. Please monitor this website as it will be updated as the litigation progresses.
12. If you would like to know more about how a class action works, click here.
This website provides general information to potential class members concerning the class action commenced against the defendants.
An agreement in principle has been reached between the parties and the terms of the settlement agreement are currently being negotiated and drafted. Court approval will be required before the settlement can come into force. Please continue to monitor this site for additional information.
May 26, 2016