In December 2014, a class action was commenced before the Superior Court of Quebec against Apple Canada Inc. and Apple Inc. (collectively “Defendants” or “Apple”) alleging that the 15’’ and 17’’ 2011 MacBook Pro Laptops manufactured by Apple (the “Device(s)”) suffer from a graphics issue or defect (the “Class Action”).
Plaintiff Rene Charbonneau has been authorized to bring the Class Action on behalf of all persons who live in Quebec and purchased, own, or owned a Device -and- all persons who live elsewhere but purchased such a Device in Quebec.
The parties to the Class Action have reached a proposed settlement (the “Settlement Agreement”) subject to obtaining the approval of the Superior Court of Quebec. The Settlement Agreement provides that Defendants agree to pay $5,344,575.00 in settlement of the Class Action (the “Total Settlement Fund”). The Total Settlement Fund is inclusive of any and all class member claims, interest, all costs, including but not limited to settlement administration costs, class notice publication costs, distribution costs, third party costs, out of pocket costs, and taxes, though it does not include Class Counsel Fees payable to the attorneys representing Class Members (which will be paid separately, in addition to the Total Settlement Fund).
In return for the Total Settlement Fund, Defendants will receive a release from all class members and a declaration of settlement out of court of the Class Action.
The settlement is a compromise of disputed claims and is not an admission of liability, wrongdoing or fault on the part of Defendants.
“CLASS” or “CLASS MEMBERS”
The class is defined as follows:
SETTLEMENT APPROVAL HEARING WILL BE HELD IN MONTREAL, QUEBEC
Before the Settlement Agreement can be implemented, it must be approved by the Court.
Class Members may, but are not required to, attend the Settlement Approval Hearing which will be held on April 28, 2021 at 09:30 a.m., at the Montreal courthouse located at 1, Notre-Dame East Street, Montreal, Quebec in room 17.09.
The Microsoft Teams link required in order to access the virtual hearing is [email protected]; Meeting ID: 1185631255 or (tel) 581.319.2194 or 833.450.1741 (toll free); Meeting ID: 991 211 186#.
CLASS MEMBERS MAY OBJECT TO OR COMMENT ON THE SETTLEMENT
As a Class Member, you have a right to object to or comment on the Settlement.
If you wish to comment on, or make objection to, the approval by the Court of the Settlement Agreement, you must provide notice in writing of your intention to do so. Any such notice must be submitted to the Claims Administrator (at the address listed below) no later than April 19, 2021. The Claims Administrator will forward all such submissions to the Court, Class Counsel, and to Counsel for Defendants. You may attend at the Settlement Approval Hearing whether or not you deliver an objection. Class Members may, but are not required to, attend the Settlement Approval Hearing which will be held on April 28, 2021 at 09:30 a.m., at the Montreal courthouse located at 1, Notre-Dame East Street, Montreal, Quebec in room 17.09.
An objection must be written, and must include all of the following information:
(a) The objector's name, address, telephone number(s), fax number (where applicable) and email address(es);
(b) A brief statement outlining the nature of, and reason for, the objection; and
(c) A statement as to whether the objector intends to appear at the Settlement Approval Hearing in person or by legal counsel and, if by legal counsel, the name, address, telephone number, fax number and email address of such legal counsel.
Laptop Graphics Class Action Administrator
c/o RicePoint Administration Inc.
P.O. Box 4454, Toronto Station A
25 The Esplanade
Toronto, ON M5W 4B1
A copy of the Settlement Agreement and other relevant Judgments, notices or proceedings can be found here.
The attorneys representing the Class (“Class Counsel”) are the firm of Lex Group Inc. (c/o Mtre David Assor), which can be contacted at www.lexgroup.ca.
April 19, 2021
Settlement Approval Hearing
April 28, 2021