1. The law firm of Sutts, Strosberg LLP (now Strosberg Sasso Sutts LLP) is counsel in a class action commenced by K.L. & K. (London) Limited and Marian Staresinic against Microsoft Corporation and Microsoft Canada Co./Microsoft Canada CIE (“Defendants”) in 2005. Class actions were also commenced by plaintiffs in British Columbia and in Quebec at that time.
2. Counsel in all three actions are co-operating to pursue the litigation in a coordinated manner in all three jurisdictions.
3. The Ontario Court has certified the following class in the Ontario Action:
All persons resident in Canada, who, between December 23, 1998 and March 11, 2010 (inclusive) (the Class Period), 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 compute (“Microsoft Applications Software”); or
(b) Microsoft’s MS-DOS or Windows operating systems software intended for use on Intel-compatible personal computers (“Microsoft Operating Systems”);
except those persons included in the British Columbia Action and the Quebec Action and those persons who opt out of the Ontario Action in accordance with the order of the Ontario Court.
4. Between the class actions in the three jurisdictions, the Courts have certified a pan-Canadian class.
5. Details of the nature of the class actions and the certification of each class action by the Courts in the three jurisdictions are contained in the short form Notice of Certification found here English and French and in the long form Notice of Certification found here English and French.
6. If you are a resident of Canada and purchased Microsoft Operating Systems or Microsoft Applications Software during the Class Period and you do not wish to participate in these class action, you must opt out of the class action by completing and signing the Opt Out Form found here English and French and mailing or emailing it to Class Counsel in accordance with the directions found on the form on or before July 25, 2016.
7. The parties have agreed and the Courts have ordered that the trial will proceed first in the British Columbia Action. That action has been set down for trial in the spring of 2017. The Ontario and Quebec Actions will remain in abeyance until the British Columbia Action is completed.
8. Class Members are urged to keep all proofs of purchase of Microsoft Operating Systems or Microsoft Applications Software during the Class Period that you still have in your possession as proof of purchase may be required at a later stage of the proceedings.
9. Please monitor this website as it will be updated as the litigation progresses.
10. Persons interested in this matter are encouraged to call Strosberg Sasso Sutts LLP at 1.866.227.9274 or email firstname.lastname@example.org for additional information.
11. 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.
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May 26, 2016