UPDATE: May 29, 2020
On November 13, 2018, the Superior Court of Justice denied certification of this action as a class action and the proceeding was dismissed. At that time, an appeal was brought before the Divisional Court. On November 26, 2019, the Divisional Court dismissed the appeal. After receiving the decision from the Divisional Court, leave to appeal was sought from the Court of Appeal. On March 6, 2020, the Court of Appeal dismissed that request for leave to appeal.
The request for leave to appeal from the Court of Appeal was the final appeal route. As such, all appeal routes have been exhausted and the litigation is at an end. Pursuant to section 28(1) of the Class Proceedings Act, S.O. 1992, c. 6, individual limitation periods are no longer suspended. If you wish to pursue an individual action, you must act without delay.
UPDATE: We have amended our Statement of Claim with respect to this action to include the Samsung Galaxy S7 and Samsung Galaxy S7 Edge devices. Shortly after consumers began to exchange their Note7s for the S7 and/or S7 Edge, safety issues began to arise with respect to the S7 and S7 Edge. Specifically, numerous reports have been made both in Canada and internationally indicating that both the S7 and S7 Edge overheat, catch fire, and/or explode. These reports are reminiscent of the reports regarding the Note7.
Galaxy Note7 phones were released in Canada in August 2016. Shortly thereafter, reports began to surface indicating the devices were overheating, catching fire, and exploding. On September 12, 2016, Health Canada issued an advisory noting that the Note7 has the potential to overheat and burn, posing a fire hazard, and therefore, a threat to public safety. On October 10, 2016, Samsung halted global sales of the Note7 and the next day announced that production of the Note7 was permanently terminated. Approximately 39,000 Note7 devices were sold or distributed in Canada
View a copy of the Press Release here.
On October 16, 2018, the Court denied certification of the proceeding. Click here to see a copy of that decision. That decision is now under appeal.
A class action has also been filed in the province of Quebec. If you are a resident of Quebec, please contact Dussault Gervais Thivierge s.e.n.c.r.l. at (418) 657-2424.
If you owned a Samsung Galaxy Note7, please contact us directly by email or by phone at 1-844-672-5666 for further information. If corresponding by email, be sure to include your name, your telephone number and a brief message.