Lépine v. Canada Post Corporation And What It Says About Class Action Notice

Class action notices must be precise, unambiguous and accessible to satisfy the requirements of procedural fairness. That is just one of the key messages delivered by the Supreme Court of Canada in Canada Post Corporation v. Lépine, 2009 SCC 16.

In September of 2000, Canada Post Corporation began marketing a lifetime Internet access service in Canada. Consumers purchased software that was sold for $9.95, and agreed to have advertising transmitted to their computers in exchange for free Internet service. Canada Post discontinued the service on September 15, 2001. Consumer complaints and the filing of various proceedings across Canada ensued.

On February 6, 2002, Michel Lépine filed a motion to institute a class action against Canada Post with the Québec Superior Court on behalf of every natural person residing in the province who had purchased the Internet package. Class proceedings were later commenced in Ontario and British Columbia. In Alberta, a settlement was