Overview

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

The action was certified as a class action on October 3, 2017. The class includes:

All persons in Canada who purchased directly from Lenovo one or more of the following Lenovo laptops containing Visual Discovery software:

  • G Series: G510, G40-70, G50-70, G50-45
  • U Series: U430P, U530Touch
  • Y Series: Y40-70, Y50-70
  • Z Series: Z40-70, Z50-70
  • Flex Series: Flex2 14, Flex2 15,
  • MIIX Series: MIIX2-10
  • YOGA Series: YOGA2Pro-13, YOGA2-13, YOGA2-11BTM, YOGA2-11HSW

The above laptop models were likely available for purchase directly from Lenovo either on or after September 1, 2014.

The class action will now proceed to discovery.

Updates

  • October 3, 2017: Justice Perell released his decision on the certification motion that was heard on September 26, 2017. His Honour certified the action as a class action on behalf of a class that includes:

    All persons in Canada who purchased directly from Lenovo one or more of the following Lenovo laptops containing Visual Discovery software:

    • G Series: G510, G40-70, G50-70, G50-45
    • U Series: U430P, U530Touch
    • Y Series: Y40-70, Y50-70
    • Z Series: Z40-70, Z50-70
    • Flex Series: Flex2 14, Flex2 15,
    • MIIX Series: MIIX2-10
    • YOGA Series: YOGA2Pro-13, YOGA2-13, YOGA2-11BTM, YOGA2-11HSW
  • September 28, 2017: The plaintiff has had settlement discussions with Superfish Inc. The plaintiff brought a Rule 49 motion to enforce the settlement arising from those discussions, which was heard by Justice Perell on September 28, 2017. By endorsement dated September 28, 2017, Justice Perell adjourned the plaintiff’s Rule 49 motion to November 2, 2017 to be heard in conjunction with a motion to certify the action as against Superfish Inc. and to approve the settlement. Justice Perell directed that notice of the settlement approval motion need not be given to members of the putative class.
  • 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