46 LEXPERT
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2018
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WWW.LEXPERT.CA
Watt, D. Lynne Gowling WLG
(613) 786-8695 lynne.watt@gowlingwlg.com
Ms. Watt is a commercial litigator experienced in shareholder, contract and
commercial disputes, rate-setting and tariff certification before the Copyright
Board and copyright infringement and enforcement actions. She has
appeared in all levels of court, including the Supreme Court of Canada. She
heads the firm's Supreme Court of Canada Services Group and is a leading
Supreme Court agent.
Watson, Michael S.F. Gowling WLG
(416) 369-7245 michael.watson@gowlingwlg.com
Mr. Watson is Adjunct Professor of Law at Toronto's Osgoode Hall Law
School, and also teaches at the University of Notre Dame and l'Université
de Moncton. He is a partner in the Toronto office of Gowling WLG, practising
in the areas of corporate and commercial litigation, administrative and
constitutional law, and employment and labour relations.
Warren, QC, Kenneth J. Gowling WLG
(403) 298-1034 kenneth.warren@gowlingwlg.com
Mr. Warren carries on a civil dispute resolution practice with particular
emphasis on corporate commercial disputes and professional liability
defence. He appears regularly before the Alberta Courts and increasingly in
arbitral settings, focusing on assisting his clients to effectively and efficiently
resolve contentious issues.
Wardle, Peter C. Singleton Urquhart Reynolds Vogel LLP
(416) 585-8604 pwardle@singleton.com
Mr. Wardle is a member of the Commercial & Business Litigation Group of
Singleton Reynolds. He has been involved in a large number of trials and
court applications involving shareholder and partnership disputes, securities,
banking, competition, professional negligence, wrongful dismissal, estates,
construction, real estate and environmental issues, and a wide variety
of contractual disputes.
Walwyn, Frank E. WeirFoulds LLP
(416) 947-5052 fwalwyn@weirfoulds.com
Mr. Walwyn is known for his resourceful approach to litigating some of
the most challenging business cases in Canada and the Caribbean. He is
frequently consulted and appears as counsel on complex multi-jurisdiction
litigation matters. He is a member of the Bars of Ontario, Anguilla, Antigua
and Barbuda, Barbados, Belize, the British Virgin Islands, Dominica, Grenada
and St. Kitts and Nevis.
Veneziano, Mark Lenczner Slaght Royce Smith Griffin LLP
(416) 865-3051 mveneziano@litigate.com
Mr. Veneziano is an expert trial lawyer, having conducted dozen of trials
and arbitrations as lead counsel. His practice has a particular emphasis on
commercial and civil litigation, professional liability, shareholder disputes,
insurance coverage, securities, construction and real estate law. His clients
range from corporations and physicians to stockbrokers and banks.
LEXPERT-RANKED LAWYERS
for Dow, with a team that included Blair Yorke
Slader, QC, April Grosse, Russell Kruger, Desisla-
va Docheva and Ciara Mackey, with assistance
from Barry Crump and Scott Tallman of Burnet,
Duckworth & Palmer LLP, and Randall Hofley,
Kevin MacDonald and Micah Wood of Blake,
Cassels & Graydon LLP.
NOVA was represented by William Kenny,
QC, Sean Kelly and Fergus Schappert of Miller
omson LLP, Colin Feasby and Tamara Prince
of Osler, Hoskin & Harcourt LLP, and Mary
Comeau and Bryan Walker of Norton Rose Ful-
bright Canada LLP.
STEPHANIE BENABU V.
VIDÉOTRON S.E.N.C. ET AL.
DECISION DATE: MAY 14, 2018
LinkedIn, the well-known business networking
and social media site, was named in a proposed
class action in July 2016, along with several other
Internet subscription service providers, streaming
services and telecom companies. e proposed
class action alleged that the manner in which the
defendants marketed subscriptions for service
contracts violated certain provisions of Québec's
Consumer Protection Act (Act).
Specifically, the plaintiff took issue with the
manner in which the defendants marketed dis-
counted trial period subscription offers, contend-
ing that the practice was illegal under s. 230(c)
of the Act. Section 230(c) prohibits merchants
to require from consumers to whom they have
provided services or goods free of charge (or at a
reduced price) for a fixed period to send a notice
at the end of the fixed period indicating that they
do not wish to receive the services or goods at the
regular price.
Other defendants, namely Netflix Inc., Spotify
Canada Inc., Audible Inc., Match.com LLC, and
Affinitas GMBH (owner of EliteSingles), settled
the claims prior to the class action authorization
(certification) hearing, paid damages, and amend-
ed their practices to no longer offer free trials to
consumers in the province.
e authorization hearing was argued before
the Honourable Justice Stéphane Sansfaçon of
Québec's Superior Court (Class Action Division),
who dismissed the proposed class action. e
Court held that the defendants had committed
no fault under the law in offering free trial peri-
ods or discounted pricing during promotions, and
then charging consumers the regular price for the
services aer expiration of the promotions.
Class counsel has announced plans to appeal
the decision to the Court of Appeal of Québec.
is case raises significant issues relating to ap-
plication of s. 230(c) of Québec's Consumer Pro-
tection Act, which has not yet been subject to any
judicial interpretation.
