Successful Outcomes

Public Interest
Antitrust/ Price-Fixing
Drug Liability
Automotive
False Advertising
Product Liability
Privacy

Public Interest

Lac-Mégantic, Québec Train Derailment Class Action. Ms. Grass served as co-lead counsel in a class action lawsuit against the companies and individuals responsible for the train derailment on July 6, 2013, which affected residents and entities in Lac-Mégantic, Québec. Through the bankruptcy court, the case was resolved with nearly all defendants agreeing to a global settlement amount of $460 million.

Antitrust/ Price-Fixing

Visa/ Mastercard Merchant Fees National Class Action. Ms. Grass served as co-counsel in nationwide class action against Visa, Mastercard and all the major issuing banks across Canada, challenging their alleged conspiracy to raise or to maintain the fees paid by merchants on credit card transactions. On February 22, 2018, the Superior Court of Quebec certified the action as a class proceeding. By December 9, 2021, national settlements had been reached with all of the defendants valued at over $188 million.

Diamond Antitrust National Class Action. Ms. Grass was co-counsel in a national class action lawsuit against De Beers challenging its monopolistic practices in the diamond industry. The lawsuit alleged that De Beers used its market dominance to artificially restrain trade and to increase the price of diamonds by controlling inventory, limiting supply, restricting purchase, and falsely advertising their scarcity. On October 14, 2016, the parties reached a national settlement valued at $9.4 million.

Optical Disk Drive Price-Fixing National Class Action. Ms. Grass served as co-counsel in a class action against the manufacturers of optical disk drives in Canada for participating in an illegal conspiracy to raise, fix, maintain or stabilize the price of ODDs. National settlements totalling approximately $30 million were reached with the defendants.

Lawn Mower Horsepower Overstatement Class Action. Ms. Grass was co-counsel in a class action against all of the manufacturers of lawn mowers in Canada for participating in an unlawful conspiracy to raise, fix, maintain or stabilize the price of lawn mowers. National settlements have been reached with all of the defendants valued at over $7.5 million, which have been approved by the Courts in Ontario and Quebec.

Drug Liability

Avandia Drug Side Effects National Class Action. Ms. Grass was co-counsel in a national class action lawsuit against GlaxoSmithKline, the manufacturer of the diabetes medications Avandia, Avandamet, and Avandaryl (rosiglitazone). The lawsuit was filed on behalf of individuals who suffered adverse cardiovascular events related to the use of these drugs. On October 11, 2018, the parties reached a national settlement valued at $6.75 million.

Automotive

Toyota Sudden Acceleration Recall National Class Action. Ms. Grass was co-counsel in a class action against Toyota, representing individuals who owned or leased Toyota or Lexus vehicles equipped with Electronic Throttle Control System with Intelligence (“ETCS-i”). On August 6, 2013, a national settlement was reached, valued at $157 million.

Caterpillar C13 and C15 ACERT Diesel Engine National Class Action. Ms. Grass was lead counsel in a national class action against Caterpillar, representing individuals who purchased or leased trucks, buses, and other heavy-duty vehicles equipped with 2007-2011 model year C13 and C15 ACERT diesel engines allegedly prone to frequent failures. On June 17, 2021, the parties reached a national settlement valued at $8 million.

Audi, Volkswagen, Porsche, Bentley Gasoline-Powered Vehicles Overstated Fuel Economy National Class Action. Ms. Grass was co-counsel in a class action against the manufacturers of certain Volkswagen vehicles that were allegedly equipped with transmission software causing fuel economy and greenhouse gas emissions to exceed advertised levels. On September 4, 2020, a national settlement valued at $4.95 million was approved by the Courts in Quebec and Ontario.

Toyota Rusty Frame Canadian Class Action. Ms. Grass served as lead counsel in a class action claiming that certain Toyota vehicles were subject to excessive and premature rust corrosion during their normal use. On May 18, 2018, the parties reached a national settlement exceeding $50 million, which was subsequently approved by the Courts in Ontario and Quebec.

Ford Power Stroke 6.0 L Diesel Engine National Class Action. Ms. Grass served as lead counsel in a class action filed in Ontario and in Quebec against Ford, representing individuals who owned or leased 2003-2007 Super Duty vehicles with severe engine issues. On February 9, 2016, the parties reached a national settlement valued at $10.6 million, which was approved by the courts.

False Advertising

Aveeno Active Naturals Canadian Class Action. Ms. Grass was lead counsel in a class action against Johnson & Johnson on behalf of individuals who purchased Aveeno Active Naturals body and hair care products. The lawsuit addressed claims of deceptive, false, and misleading advertising, asserting that the products were falsely marketed as entirely natural despite containing synthetic ingredients such as sodium hydroxide, glycerin, and phenoxyethanol. On August 13, 2021, the parties reached a national settlement valued at US$675,000, which was approved by the Court in Quebec.

Blue Buffalo Pet Food Products National Class Action. Ms. Grass served as lead counsel in a national class action against Blue Buffalo, representing individuals who purchased the company’s ultra-premium dog and cat food products. The lawsuit challenged Blue Buffalo’s claims of superior nutrition, revealing through scientific testing that substantial amounts of chicken or poultry by-product meal were present, contrary to their “True Blue Promise” of high-quality ingredients. On July 29, 2021, a settlement valued at $1,156,045.68 was approved by the Superior Court of Justice of Ontario.

Reebok EasyTone Shoes National Class Action. Ms. Grass was co-counsel in a class action against Reebok relating to certain statements made regarding their “toning” shoes and apparel. On May 7, 2012, the parties reached a national settlement valued at $2.2 million, which was subsequently approved by the Courts in Quebec and Ontario.

Skechers Shape-Ups Shoes National Class Action. Ms. Grass served as lead counsel in a class action filed in Ontario and in Quebec against Skechers, representing individuals who purchased Shape-Ups Shoes (also known as Toning Shoes). The lawsuit addressed allegations of false and misleading advertising regarding the shoes’ claims of promoting weight loss and increasing muscle tone. On December 11, 2013, a national settlement valued at $2.5 million was reached and subsequently approved.

Sylvania SilverStar Automotive Halogen Headlight National Class Action. Ms. Grass served as lead counsel in a class action filed in Ontario and Quebec against Osram Sylvania, representing individuals who purchased premium halogen automotive headlights. The lawsuit alleged that these headlights were deceptively and misleadingly advertised. On December 1, 2015, a national settlement valued at $1.75 million was reached and subsequently approved by the courts in Ontario and Quebec.

Dial Complete National Class Action. Ms. Grass served as lead counsel in a class action filed in Quebec against Henkel, representing individuals who purchased Dial Complete Antibacterial Hand Wash. The lawsuit challenged false and misleading claims about the soap’s effectiveness in eliminating “disease-causing germs” and “illness-causing bacteria.” On October 16, 2020, a national settlement valued at $1.2 million was reached and approved by the court.

Fitflop Toning Footwear National Class Action. Ms. Grass served as lead counsel in a class action filed in Ontario and Quebec against FitFlop. The lawsuit was on behalf of individuals who purchased various styles of FitFlop footwear, including sandals, boots, clogs, slippers, and shoes marketed with the company’s “Microwobbleboard Technology.” The action challenged deceptive, misleading, and false advertising claims. On July 5, 2016, a national settlement valued at $400,000 was reached and approved by the court.

Organix Hair Care Products National Class Action. Ms. Grass served as lead counsel in a national class action against Vogue International and its affiliates, representing individuals who purchased Organix hair care products. The lawsuit addressed claims of false and misleading advertising regarding these products. On March 3, 2015, a national settlement valued at $325,000 was reached, which included changing the product name to Ogx.

New Balance Toning Shoes National Class Action. Ms. Grass was lead counsel in a national lass action against New Balance concerning certain statements made about its “toning” shoes. On March 26, 2013, the parties reached a national settlement valued at $250,000, which was subsequently approved by the Court in Quebec.

Honda Civic Hybrid False Advertising National Class Action. Ms. Grass was lead counsel in national class action against Honda alleging that the fuel economy estimates advertised for the 2003 through 2009 Honda Civic Hybrid could not be achieved under normal driving conditions and that the advertisements were, therefore, false or misleading. On August 18, 2014, the parties reached a national settlement, which was subsequently approved by the Court in Quebec.

Crayola Washable Coloured Bubbles National Class Action. Ms. Grass was lead counsel in a national class action against Crayola claiming that its Washable Coloured Bubbles misrepresented their ability to be washed out and their staining capacity. On March 1, 2013, the parties reached a national settlement, which was subsequently approved by the court.

Vita Coco Coconut Water National Class Action. Ms. Grass was lead counsel in a national class action against All Market Inc., alleging misrepresentation of the characteristics of its Vita Coco Coconut Water. On September 24, 2012, the parties reached a national settlement, which was approved by the Court in Quebec.

Gaiam BPA-Free Aluminum Water Bottle National Class Action. Ms. Grass served as lead counsel in a national class action against Gaiam, representing individuals who purchased reusable aluminum water bottles marketed as Bisphenol A (BPA) free. The litigation addressed Gaiam’s misrepresentation, as the bottles’ internal surfaces were lined with epoxy resin containing BPA. On December 12, 2011, the parties reached a national settlement, which was approved by the Court in Quebec.

Product Liability

Suunto Dive Computer Defect Canadian Class Action. Ms. Grass was lead counsel in a class action against Suunto Oy regarding defects in its Suunto dive computers manufactured between January 1, 2006, and August 10, 2018. This includes models such as Cobra, Cobra 2, Cobra 3, Cobra 3 Black, Vyper, Vyper Novo, Vyper 2, Vyper Air, HelO2, Gekko, Vytec, Vytec DS, Zoop, Zoop Novo, Mosquito, D4, D6, D9, D4i, D6i, D4i Novo, D6i Novo, D9tx, and DX (the “Suunto Dive Computers”). The lawsuit alleged that Suunto was aware of serious and potentially life-threatening defects in these devices, but failed to issue recalls or to stop sales. On June 3, 2022, a national settlement was reached, which was approved by the Superior Court of Justice of Ontario.

Takata Airbag Recall National Class Action. Ms. Grass was co-counsel in a national class action against Takata and several automobile manufacturers – including Honda, Toyota, Subaru, BMW, Nissan, Mazda, Ford, GM, FCA, Mitsubishi, Volkswagen, Audi, and Mercedes-Benz – over defective airbags prone to violent explosions that pose serious risks of injury or death to vehicle occupants. Settlements totaling $11.3 million have been reached with several defendants and is a discontinuance is currently being sought against the remaining defendants.

WEN Hair Care Products Canadian Class Action. Ms. Grass was co-lead counsel in a national class action against Guthy-Renker and WEN by Chaz Dean for damages relating to WEN Hair Care Products on behalf of individuals who have suffered serious side effects after using the products, such as significant hair loss. The parties reached a national settlement valued at over US$2 million, which was approved by the Alberta Court of Justice on November 13, 2019.

Diamond Pet Food Salmonella National Class Action. Ms. Grass served as lead counsel in a class action filed in Ontario and Quebec against Diamond Pet Foods and Costco. The lawsuit involved individuals who purchased pet food products recalled due to Salmonella contamination. On July 21, 2015, a national settlement valued at $460,000 was reached and subsequently approved by the court.

Fisher-Price Toy Recall National Class Action. Ms. Grass was lead counsel in a class action instituted in Ontario and Quebec against Mattel involving children’s toys with hidden defects that made them unsafe. On January 19, 2015, a national settlement valued at $200,000 was reached and subsequently approved by the courts.

Kaba Ilco Locks Class Action. Ms. Grass served as lead counsel in a class action filed in Quebec against Kaba, addressing defects in push button door locks that made them vulnerable to being opened with a magnet. On July 7, 2016, a national settlement was reached and approved by the Court in Quebec.

Privacy

Google Street View National Class Action. Ms. Grass served as lead counsel in a class action filed in Quebec against Google, alleging that Google Street View vehicles collected electronic data and communications transmitted over unsecured wireless networks between March 30, 2009, and May 7, 2010. On October 5, 2017, national settlements were reached, valued at CA$24,643,940 and US$2,150,000.

Tim Hortons Mobile Application National Class Action. Ms. Grass served as co-lead counsel in a class action against Tim Hortons, for its alleged collection of class members’ geolocation data. A settlement was reached on May 26, 2022 with an estimated total value of $16,179,000, which was approved by the Superior Court of Quebec.