Extended Warranties: Merchants Vindicated As Seven Proposed Class Actions Are Thrown Out

Prior to June 30, 2010, merchants had no obligation to inform purchasers of consumer goods about the legal warranty before suggesting that they purchase an extended warranty.

However, since June 30, 2010, merchants are required to provide this information in accordance with s. 228.1 of the Quebec Consumer Protection Act (CPA).

A petitioner cannot be considered an adequate representative of the members of the group if he or she delegates all aspects of this role to class counsel.

The facts

On January 16, 2012, the Quebec Superior Court refused to authorize class action proceedings against seven merchants, taken on behalf of consumers who were offered or who purchased extended warranties on goods they purchased from the merchants.¹ These decisions echo two previous decisions of the Court handed down in June 2011.²