A national settlement has been reached to resolve all of the Canadian class actions regarding Microsoft Software, subject to approval of the courts in British Columbia, Ontario, and Quebec. Français
VANCOUVER, Aug. 24, 2018 /CNW/ -
LEGAL NOTICE
IF YOU BOUGHT MICROSOFT SOFTWARE OR A COMPUTER WITH MICROSOFT SOFTWARE PRE-INSTALLED BETWEEN DECEMBER 23, 1998 AND MARCH 11, 2010 (INCLUSIVE) YOU MAY HAVE LEGAL RIGHTS IN A CLASS ACTION LAWSUIT
What's This About?
Class action proceedings have been certified or authorized by the courts of British Columbia, Ontario and Québec alleging that beginning in 1988, Microsoft engaged in anticompetitive conduct resulting in overcharges for the following Intel-compatible personal computer ("PC") operating systems and Intel-compatible PC applications software: Word, Excel, Office, Works Suite, Home Essentials, MS-DOS, and Windows ("Microsoft Software").
The Settlement
A national settlement has been reached to resolve all of the Canadian class actions regarding Microsoft Software, subject to approval of the courts in British Columbia, Ontario, and Quebec. The Defendants will pay or fund compensation not to exceed CDN $517,331,500 for the benefit of Class Members in exchange for a full release of all claims. The Defendants do not admit any liability or wrong doing.
Who is Included?
You are a class member in one of the class actions if you live in Canada as of May 25, 2016 and, between December 23, 1998, and March 11, 2010 (inclusive) you purchased for your own use (not for resale) genuine Microsoft Software or a PC loaded with genuine Microsoft Software from someone other than Microsoft (the "Class Members").
Settlement and Fee Approval Hearings
Hearings to consider approval of the settlement and of claimed counsel fees of an amount not to exceed CDN $107,395,400 of the settlement amount (inclusive of approximately $5 million in disbursements, $97 million in legal fees, and $5 million in taxes) will be heard by the British Columbia Court in the City of Vancouver on September 21, 2018 at 9:00 a.m., the Ontario Court in the City of Toronto on October 18, 2018 at 10:00 a.m., and the Quebec Court in Quebec City on October 25, 2018 at 9:00 a.m.
Class Members will be bound by the terms of the settlement agreement if approved by the courts.
If you wish to comment on or object to the settlements or the fees being sought by class counsel, you must do so in writing by September 18, 2018.
Settlement Distribution
The Settlement Agreement addresses certain aspects of the claims and distribution process. However, the courts will be asked to approve a finalized version of the claims and distribution process at the same time as the hearing seeking approval of the Settlement Agreement. The Distribution Protocol, which will provide detailed information about the distribution process, will be posted on www.cfmlawyers.ca. Class Members should retain all proofs of purchase of Microsoft Operating Systems and Microsoft Applications or a PC loaded with genuine Microsoft Software purchased between December 23, 1998 and March 11, 2010 (inclusive).
Where Can I Get More Information?
More information can be found at www.cfmlawyers.ca/microsoft/ or www.bptavocats.com or www.strosbergco.com/class-actions/microsoft/.
You can also contact Class counsel at the contact information below.
It is strongly recommended that you review the long form of this Legal Notice which can be obtained on Class counsel's websites.
If you are resident in B.C., contact: |
If you are resident in Quebec, contact: |
All other Canadian residents, contact: |
Camp Fiorante Matthews Mogerman |
Bouchard,Pagé,Tremblay, s.e.n.c |
Strosberg Sasso Sutts LLP |
400-856 Homer Street, |
510-825 boul. Lebourgneuf, |
1561 Ouellette Avenue |
Vancouver, BC V6B 2W5 |
Québec, QC, G2J 0B9 |
Windsor, ON, N8X 1K5 |
1-800-689-2322 or (604) 689-7555 |
1-855-768-6667 or (418) 622-6699 |
1-800-229-5323 extn.8296 |
Attn: Linnae Roach |
Attn: Maxime L. Blanchard |
Attn: Heather Rumble Peterson |
This notice contains a summary of some of the terms of the settlement agreement in the class actions. If there is a conflict between the provisions of this notice and the settlement agreement, including the schedules to the settlement agreement, the settlement agreement shall prevail.
SOURCE Camp Fiorante Matthews Mogerman
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