Case information
Consult our database for details on a Supreme Court of Canada case.
38931
Frédéric Seigneur v. Netflix International B.V., et al.
(Quebec) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2020-07-13 | Close file on Leave | |
| 2020-04-03 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2020-04-03 | Judgment on leave sent to the parties | |
| 2020-04-02 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-027971-183, 2019 QCCA 1671, dated October 2, 2019, is dismissed with costs. Dismissed, with costs |
|
| 2020-02-17 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-01-16 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2020-01-16 | Frédéric Seigneur |
| 2020-01-07 | Certificate (on limitations to public access), (Letter Form) | Netflix, Inc. |
| 2020-01-07 | Certificate (on limitations to public access), (Letter Form) | Netflix International B.V. |
| 2020-01-07 | Notice of name, (Letter Form) | Netflix, Inc. |
| 2020-01-07 | Notice of name, (Letter Form) | Netflix International B.V. |
| 2020-01-07 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-01-07 | Netflix International B.V. |
| 2019-12-09 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 12/09/19 | |
| 2019-12-02 | Certificate (on limitations to public access), (Letter Form) | Frédéric Seigneur |
| 2019-12-02 | Application for leave to appeal, (Book Form), Completed on: 2019-12-02 | Frédéric Seigneur |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Seigneur, Frédéric | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Netflix International B.V. | Respondent | Active |
| Netflix, Inc. | Respondent | Active |
Counsel
Party: Seigneur, Frédéric
Counsel
Alexandre Brosseau-Wery
Jérémie Longpré
2101 - 1 Place Ville-Marie
Montréal, Quebec
H3B 2C6
Telephone: (514) 878-2861
FAX: (514) 875-8414
Email: pboivin@kugler-kandestin.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Netflix International B.V.
Counsel
Simon Paransky
Yassin Gagnon-Djalo
1000 Sherbrooke Street West
Suite 2700
Montréal, Quebec
H3A 3G4
Telephone: (514) 987-5000
FAX: (514) 987-1213
Email: sidney.elbaz@mcmillan.ca
Agent
2000-45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 691-6109
FAX: (613) 231-3191
Email: david.debenham@mcmillan.ca
Party: Netflix, Inc.
Counsel
Simon Paransky
Yassin Gagnon-Djalo
1000 Sherbrooke Street West
Suite 2700
Montréal, Quebec
H3A 3G4
Telephone: (514) 987-5000
FAX: (514) 987-1213
Email: sidney.elbaz@mcmillan.ca
Agent
2000-45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 691-6109
FAX: (613) 231-3191
Email: david.debenham@mcmillan.ca
Summary
Keywords
Civil procedure — Class action — Conditions for authorizing class action — Arguable case — Consumer contract — Unilateral amendment to terms of contract — Nature of unilateral amendment within meaning of s. 11.2 of Consumer Protection Act and, in particular, whether amendment made as result of consumer’s interaction with pop up from merchant can nonetheless be unilateral — Consumer Protection Act, CQLR, c. P 40.1, s. 11.2 — Code of Civil Procedure, CQLR, c. C 25.01, art. 575.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The applicant, Frédéric Seigneur, had subscribed to the services offered by the respondents, Netflix International B.V. and Netflix, Inc. (Netflix), since September 2014. Between September 2016 and November 2017, the monthly cost of his Netflix subscription increased twice, from $8.99 to $9.99 and from $9.99 to $10.99. On September 15, 2016, Mr. Seigneur was informed by email that the subscription price would increase as of October 14, 2016. On September 24, 2016, when a pop up window on his screen prevented him from accessing the service, he selected “Continue” to the choice offered to him concerning the price increase. He then received confirmation from Netflix by email of his acceptance of the new monthly rate. In response, Mr. Seigneur filed an application for authorization to institute a class action and to be designated as representative plaintiff in August 2017. His main argument was that the terms of the service contract were contrary to certain provisions of the Consumer Protection Act, CQLR, c. P 40.1, concerning unilateral contract amendments by merchants. On October 14, 2017, Mr. Seigneur was once again informed by email that his Netflix subscription price would increase as of November 14, 2017. On October 15, 2017, when a pop up window on his screen again prevented him from accessing the service, he selected “Continue” to the choice offered to him concerning the price increase. Confirmation of the increase was emailed to him. On December 1, 2017, he amended his application for authorization to institute a class action and to be designated as representative plaintiff as a result of these new events. The Superior Court dismissed the amended application on the ground that it did not raise an arguable case and that the condition set out in art. 575(2) of the Code of Civil Procedure was therefore not met. The Court of Appeal dismissed the appeal.
Lower court rulings
Superior Court of Quebec
2018 QCCS 4629, 500-06-000881-173
Amended application for authorization to institute class action and to be designated as representative plaintiff dismissed
Court of Appeal of Quebec (Montréal)
2019 QCCA 1671, 500-09-027971-183
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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