Client: BENJAMIN V. CRÉDIT VW CANADA INC. & AL.
Date: April 2018
On October 4, 2022, the Quebec Court of Appeal authorized Mr. Adam Charles Benjamin (the “Representative“) to institute a class action against the following defendants (the “Defendants“):
This class action, which is being brought in the District of Montreal (Court File No. 500-06-000920-187), seeks reimbursement of excessive fees charged for the assignment of a vehicle lease, as well as punitive damages.
The following individuals are members of the class action:
All natural persons, private legal persons, companies or associations residing or having resided in Quebec, who contracted for the long-term lease of a vehicle with one of the Defendants and who were charged fees, in the capacity of assignor or assignee, to effect the assignment of the vehicle lease since April 5, 2015 (the “Class”).
The individuals who have contracted with Toyota Crédit Canada inc. or Corporation de services financiers Mercedes-Benz Canada are also members of the following sub-class:
All consumers who reside or have resided in Quebec, who contracted for the long-term lease of a vehicle with one of the Defendants and who were charged fees to effect the assignment of the lease that were not disclosed, in whole or in part, in the vehicle lease since April 5, 2015 (the “Consumer Sub-Class“)
Thus, you are a member of the Class if you meet all the following criteria:
- You paid a transfer fee on the assignment of a long-term vehicle lease, either as the assignor of the vehicle or the assignee.
- The lease assignment occurred on or after April 5, 2015.
- The lease was entered into with one of the Defendants listed above.
- You lived in Quebec at the time you entered into the lease assignment contract with one of the Defendants.
To become a member of the class action, you don’t have to do anything: you are automatically included in the class action if your situation corresponds to the Class described above.
If you are a member of the Class and you do not request to be excluded from the class action, any judgment entered in the class action or any settlement agreement approved by the Court will apply to you.
A Class member may not be called upon to pay the legal costs of this class action unless he or she chooses to intervene.
You do not have to intervene to be entitled to compensation. However, you may ask the Court to intervene in support of the Representative’s claim. Your request must be approved by the Court; it will only be approved if the Court concludes that your intervention will be useful to the progress of the proceedings.
For information on the progress of the case, please visit the website of the Representative’s lawyers, IMK LLP: https://imk.ca/en/class-actions/
You may also contact the Representative’s lawyers at the following address:
Place Alexis Nihon | Tower 2
3500 De Maisonneuve Boulevard West
Montreal, Quebec H3Z 3C1
Tel: 514 935-4460 ext. 231
Fax: 514 221-4441