On February 19, 2007, Siskinds filed a class proceeding against United Parcel Service Canada Ltd. (“UPS”) on behalf of Ontario residents with respect of the brokerage fee(s) charged on the shipment of goods from outside of Canada. The lawsuit further claims that UPS failed to obtain consumers’ consent to act as a customs broker; to disclose the existence and/or amount of the brokerage fee; and to provide consumers with the opportunity or disclose to them how to arrange for customs clearance by themselves.
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On August 26, 2011, Justice Horkins ordered the action certified as a class action and partial summary judgment for the class. The defendants appealed both decisions. Click the tab titled “Documents” to view a copy of the certification decision.
The defendant’s motion for leave to appeal the certification decision of Justice Horkins was argued in two stages. The first stage of argument was confined to the “unsolicited goods or services” common issue and Justice Wilton-Siegel granted leave to appeal the issue to the Divisional Court. Leave to appeal the remaining common issues was fully argued on November 25 and 26, 2013 and Justice Wilton-Siegel dismissed UPS’s motion for leave to appeal on the remaining common issues in reasons dated April 16, 2014. To view Justice Wilton-Siegel’s decision granting leave to appeal on the unsolicited services issue dated June 14, 2012 and denying leave to appeal on the remaining common issues dated April 16, 2014, click the tab titled “Documents.”
On March 17, 2015, the Divisional Court heard argument on the question of whether the “unsolicited services” issue was properly certified. The appeal was dismissed in the Divisional Court decision released May 19, 2015. Click the tab titled “Documents” to view a copy of the decision. UPS sought leave to appeal the Divisional Court Order to the Court of Appeal, which was refused by Endorsement dated September 18, 2015.
UPS sought leave to appeal the Order of the Court of Appeal (seeking leave to appeal from the Divisional Court) to the Supreme Court of Canada. On April 7, 2016, the Supreme Court of Canada issued its decision to deny UPS’s appeal, effectively putting an end to UPS’s attempts to overturn the original certification decision.
A return date has not been set with the Court of Appeal for the hearing of UPS’s appeal of the plaintiffs’ successful summary judgment motion. It is anticipated that this hearing will be scheduled shortly now that the certification matters have been finally resolved.
What is a Class Action?
A class action is a lawsuit that is brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.
What does “certification” mean?
Certification is the motion where the court determines whether the action can properly be pursued as a class action. The court considers factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).
Do I have to pay anything to participate in the class action?
Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.
Who is affected by the UPS class action?
You are affected by the class action (a “class member”) if you received a parcel that was shipped using UPS from the United States to Ontario through a waybill or International Shipping Order and were charged certain fees (over and above the shipping cost) when the parcel arrived at your door. The class proceeding does not include those who shipped using UPS for business transactions. The class is defined as: All Consumers within the meaning of the Consumer Protection Act, resident in Ontario who have paid UPS, fees charged by UPS which include Customs Brokerage Fees, Disbursement Fees (also known as Bond Fees) and C.O.D. Fees and where a waybill or International Parcel Shipping Order was used in shipping the parcel from July 30, 2005 through August 26, 2011. Although the class definition includes people who shipped between July 30, 2005 and August 26, 2011, the litigation remains ongoing, and we are interested in hearing from you even if you shipped with UPS after August 26, 2011 and paid undisclosed brokerage fees.
I still have a question. Who should I contact?
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