Overview

This class action alleges that Lenovo (Canada) Inc. (“Lenovo”) breached certain consumer protections and invaded consumers’ privacy by pre-installing a potentially malicious software called Visual Discovery that was designed by Superfish Inc. on several Lenovo laptops.

The lawsuit was commenced on March 11, 2015 in Toronto on behalf of every person in Canada who purchased a Lenovo laptop that came with Visual Discovery pre-installed.  Sotos LLP is seeking to certify the action by the end of 2017.

Updates

  • February 17, 2017: Justice Belobaba released his decision on a motion under Rule 21.01(1)(b) that was heard on February 10, 2017. His Honour granted in part and dismissed in part Lenovo’s motion to dismiss the action for showing no cause of action. The plaintiff’s surviving causes of action include: intrusion upon seclusion; breaches of provincial privacy laws; and breaches of the implied conditions of fitness for purpose and merchantability under the Sale of Goods Act.

Case Contacts

Sabrina Callaway
t: 416.572.7311
f: 416.977.0717
e: scallaway@sotosllp.com

Adrienne Boudreau
t: 416.572.7321
f: 416.977.0717
e: aboudreau@sotosllp.com