On September 21, 2018, the settlement agreement was approved in British Columbia with written reasons for decision released on November 27, 2018.
On October 18, 2018, the Ontario approval hearing was adjourned to await the reasons for decision of the BC Court. On December 10, 2018, the Ontario Court approved the settlement agreement in written reasons for decision.
Approval of the Courts will be sought in early 2019 for the claims program to distribute the settlement amount and for a claims administrator to run the claims process.
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. 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.
6. 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.
7. The Settlement Approval Hearing proceeded in British Columbia, followed by hearings in Ontario and Quebec. All three courts approved the settlement. The reasons for decision of the British Columbia Court may be reviewed here. The reasons of the Ontario Court which followed the BC decision may be reviewed here.
8. Approval of the Courts will be sought in early 2019 for the claims program to distribute the settlement amount and for the appointment of a claims administrator to run the claims process.
9. The claims process will provide for simplified proof of purchase of Microsoft operating systems and Microsoft applications during the class period by consumers and small purchasers, however businesses and entities with large purchases are urged to keep any proofs of purchase in their possession as they may be required in the claims process.
10. Please monitor this website as it will be updated when additional information becomes available.
This website provides general information to potential class members concerning the class action commenced against the defendants.
- A settlement agreement was signed by the parties on July 11, 2018. Court approval is required before the settlement can come into force. Please continue to monitor this site for additional information.
May 26, 2016