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ARTICLE · 18 APRIL 2012

An Important Case To Follow: A Class Action Regarding Pharmaprix’s Optimum Program Has Been Authorized By Québec’s Superior Court

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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The Québec Superior Court recently authorized a class action against Shoppers Drug Mart and Pharmaprix (the "Defendants") in connection with the "Pharmaprix Optimum" customer loyalty program. The Québec Superior Court recently authorized a class action against Shoppers Drug Mart and Pharmaprix (the "Defendants") in connection with the "Pharmaprix Optimum" customer loyalty program.

CanadaLitigation, Mediation & Arbitration

The Québec Superior Court recently authorized a class action against Shoppers Drug Mart and Pharmaprix (the "Defendants") in connection with the "Pharmaprix Optimum" customer loyalty program.

The program allowed members to earn points through purchases made at participating stores, which could later be exchanged for rebates.

On July 1, 2010, the Defendants unilaterally and without notice changed the terms and conditions of the loyalty program by decreasing the exchange value of points accumulated by members. This also retroactively reduced the value of all points which had been previously earned through the program. Option consommateurs and the class representative, Pierre Guimond (the "Plaintiffs") are demanding that the Defendants maintain the previous exchange rate for all customers who became members of the Optimum program before July 1, 2010, until the expiry of their rights under their membership agreements in 2017. Although the membership agreements contain

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