Case information
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41548
Samsung Electronics Canada Inc., et al. v. Tracey Arial, 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) |
|---|---|---|
| 2025-05-30 | Close file on Leave | |
| 2025-05-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-05-29 | Judgment on leave sent to the parties | |
| 2025-05-29 |
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 500-09-030262-224, 2024 QCCA 1195, dated September 18, 2024, is dismissed with costs to the respondents. Dismissed, with costs |
|
| 2025-04-22 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-12-30 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-12-30, (Printed version filed on 2024-12-30) | Samsung Electronics Canada Inc. |
| 2024-12-18 | Certificate (on limitations to public access), 23A, (Printed version filed on 2024-12-19) | Tracey Arial |
| 2024-12-18 | Respondent's response on the application for leave to appeal, (Book Form), 2 Volumes, Completed on: 2024-12-18, (Printed version filed on 2024-12-19) | Tracey Arial |
| 2024-11-18 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2024-11-18 | Book of authorities, (Book Form), Completed on: 2024-11-18, (Printed version filed on 2024-11-19) | Samsung Electronics Canada Inc. |
| 2024-11-18 | Certificate (on limitations to public access), 23A, (Printed version filed on 2024-11-18) | Samsung Electronics Canada Inc. |
| 2024-11-18 | Notice of name, (Printed version filed on 2024-11-18) | Samsung Electronics Canada Inc. |
| 2024-11-18 | Application for leave to appeal, (Book Form), Completed on: 2024-11-18, (Printed version filed on 2024-11-18) | Samsung Electronics Canada Inc. |
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 |
|---|---|---|
| Samsung Electronics Canada Inc. | Applicant | Active |
| Samsung Electronics Co., Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Arial, Tracey | Respondent | Active |
| O’Brien, Claire | Respondent | Active |
| Patton, Erika | Respondent | Active |
| Patton, Zoe | Respondent | Active |
| Tasciyan, Alexander | Respondent | Active |
| Nucciarone, Mathew | Respondent | Active |
| Decicco, Vito | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Apple Canada Inc. | Intervener | Active |
| Apple Inc. | Intervener | Active |
Counsel
Party: Samsung Electronics Canada Inc.
Counsel
Karine Chênevert
Justine Kochenburger
1000, rue de laa Gauchetière Ouest
Bureau 900
Montréal, Quebec
H3B 5H4
Telephone: (514) 954-3147
FAX: (514) 954-1905
Email: spitre@blg.com
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Samsung Electronics Co., Ltd.
Counsel
Karine Chênevert
Justine Kochenburger
1000, rue de laa Gauchetière Ouest
Bureau 900
Montréal, Quebec
H3B 5H4
Telephone: (514) 954-3147
FAX: (514) 954-1905
Email: spitre@blg.com
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Arial, Tracey
Counsel
Montréal, Quebec
H3H 1E8
Telephone: (514) 484-0045
FAX: (514) 484-1539
Email: bluegreenlaw@gmail.com
Party: O’Brien, Claire
Counsel
Montréal, Quebec
H3H 1E8
Telephone: (514) 484-0045
FAX: (514) 484-1539
Email: bluegreenlaw@gmail.com
Party: Patton, Erika
Counsel
Montréal, Quebec
H3H 1E8
Telephone: (514) 484-0045
FAX: (514) 484-1539
Email: bluegreenlaw@gmail.com
Party: Patton, Zoe
Counsel
Montréal, Quebec
H3H 1E8
Telephone: (514) 484-0045
FAX: (514) 484-1539
Email: bluegreenlaw@gmail.com
Party: Tasciyan, Alexander
Counsel
Montréal, Quebec
H3H 1E8
Telephone: (514) 484-0045
FAX: (514) 484-1539
Email: bluegreenlaw@gmail.com
Party: Nucciarone, Mathew
Counsel
Montréal, Quebec
H3H 1E8
Telephone: (514) 484-0045
FAX: (514) 484-1539
Email: bluegreenlaw@gmail.com
Party: Decicco, Vito
Counsel
Montréal, Quebec
H3H 1E8
Telephone: (514) 484-0045
FAX: (514) 484-1539
Email: bluegreenlaw@gmail.com
Party: Apple Canada Inc.
Counsel
Catherine Martin
Sajeda Hedaraly
1000, rue de la Gauchetière Ouest
Bureau 2500
Montréal, Quebec
H3B 0A2
Telephone: (514) 397-4158
FAX: (514) 875-6246
Email: epoupart@mccarthy.ca
Agent
66 Lisgar Street
Ottawa, Ontario
K2P 0C1
Telephone: (613) 501-5350
Email: dshuhaibar@ovcounsel.com
Party: Apple Inc.
Counsel
Catherine Martin
Sajeda Hedaraly
Jing Song
1000, rue de la Gauchetière Ouest
Bureau 2500
Montréal, Quebec
H3B 0A2
Telephone: (514) 397-4158
FAX: (514) 875-6246
Email: epoupart@mccarthy.ca
Agent
66 Lisgar Street
Ottawa, Ontario
K2P 0C1
Telephone: (613) 501-5350
Email: dshuhaibar@ovcounsel.com
Summary
Keywords
Civil procedure — Class action — Consumer protection — Punitive damages — Authorization to institute class action — Application for authorization to institute class action granted in part in order to pursue a claim to collect punitive damages from cellphone manufacturers based on alleged breaches to Quebec’s Consumer Protection Act — Whether the class action vehicle can be used to challenge the regulatory framework set by the lawful regulator — Whether a class action can be authorized in Quebec solely to claim punitive damages — Code of Civil Procedure, CQLR, c. C-25.01, art. 575 — Consumer Protection Act, CQLR c. P-40.1, ss. 53, 228 and 272.
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 respondents are representative plaintiffs in a proposed class action. They have owned, leased or used various iPhones and Samsung cellphones over the years. Their application to the Superior Court of Quebec was granted in part so that they are authorized to institute part of their proposed class action. The Superior Court assumed several allegations relating to some key factual premises to be true because they were supported by some evidence. It concluded the plaintiffs had met their burden to demonstrate that it is tenable and not frivolous to advance that the cellphones pose a risk or danger when placed too close to the body or because of radiofrequency exposure more generally. The plaintiffs could therefore advance the following arguments relying on provisions of the Consumer Protection Act (“CPA”): a lack of instructions necessary for the protection of cellphone users against a risk or danger of which they would be otherwise unaware constitutes a safety defect and is a prohibited practice because there is a lack of instructions given the risk or danger. They could also advance that they are entitled to punitive damages by relying on s. 272 of the CPA. The Quebec Court of Appeal granted the applicants leave to appeal but dismissed their appeal
Lower court rulings
Superior Court of Quebec
500-06-001018-197
Application to authorize a class action granted in part
Application for leave to appeal granted
Appeal and incidental 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 613‑996‑7933 or at 1‑888‑551‑1185.
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
Not available
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 613‑996‑7933 or at 1‑888‑551‑1185.
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 613‑996‑7933 or at 1‑888‑551‑1185.
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
Not available