THE CANADA POST CLASS
ACTION SETTLEMENT IS FULLY COMPLETE AND OUR FILE IN THAT REGARD IS CLOSED.
IF YOU HAVE AN OUTSTANDING
INQUIRY OR ISSUE WITH RESPECT TO THIS CLASS ACTION, YOU OUGHT TO FOLLOW-UP WITH
CANADA POST DIRECTLY IN THAT REGARD.
BY REVIEWING THE INFORMATION
BELOW, YOU CAN OBTAIN A BASIC UNDERSTANDING AND REFRESHER IN RESPECT OF THE STRUCTURE
AND OUTLINE OF THE SETTLEMENT. A REVIEW OF THAT INFORMATION MIGHT ANSWER YOUR
INQUIRY.
IF NOT, YOU MUST AS
INDICATED, FOLLOW-UP WITH CANADA POST IN RESPECT OF SPECIFIC QUESTIONS RELATING
TO THIS CLASS ACTION SETTLEMENT.
Latest Developments
THE TIME FOR RECEIPT OF SETTLEMENT
BENEFITS IN RESPECT OF THIS CLASS ACTION EXPIRED MAY 24, 2004.
Purchasers of CD-Roms from Canada Post that
promised "Absolutely Free Internet and Unlimited E-mail Access for Life" had
until May 24, 2004 to return their CD-Roms to any Canada Post Retail Outlet for
reimbursement of the purchase price plus, at their option, receipt of three months
premium Internet service at no cost.
Court Approval was granted in Ontario on December
22, 2003, and in British Columbia on April 7, 2004.
The Ontario Superior Court of Justice and the British Columbia Supreme Court
approved settlement of the class action law suit between Canada Post Corporation,
Cybersurf Corp. and 3Web Corp. and consumers who purchased from Canada Post CD-Roms
that promised “absolutely free Internet and unlimited e-mail access” for
life.
Hearings were held in Hamilton on December 22, 2003 and in Vancouver on March
5, 2004 and April 7, 2004. Both Courts approved the settlement as fair, reasonable
and in the best interests of class members.
The Defendants were required to publish notice of the settlement in 9 newspapers
across the Country. The publication took place April 7, 8 and 9, 2004.
Furthermore, the Defendants sent notice by electronic mail to the last known
e-mail address of each class member to the extent that such e-mail addresses
were available to the Defendants.
Purchasers of the CD-Rom had 45 days after publication of Notice to return their
CD-Rom to a Canada Post Retail Outlet to be entitled to a refund payment equal
to the full amount of the original retail price of $9.95 plus applicable taxes,
and also at their option could choose to receive three months premium Internet
service at no cost whatsoever.
David Thompson, of Scarfone Hawkins LLP in Hamilton, lead counsel for the Class,
said he is very pleased with the approval of the settlement on a National basis
by the Ontario and British Columbia Courts.
Canada Post reports having sold approximately 150,000 CD-Roms in its 900 retail
outlets across Canada between late 2000 and summer 2001.
The CD-Rom provided access to the free Internet and e-mail service only for a
limited period of time after which the service had to be discontinued due to
business constraints. Users were presented with pop-up messages that indicated
that continuation of the service could be obtained, however, it would no longer
be free, but rather would cost $9.95 per month.
Scarfone Hawkins LLP is a law firm with significant experience in handling complex
class action claims on behalf of plaintiffs.
Overview of the Settlement
The settlement covers all persons who purchased
from any Canada Post retail outlet a CD-Rom that was said to contain installation
software for accessing a free e-mail and free unlimited Internet access service
provided by Cybersurf Corp. and 3web Corp.
Consumers who still have their CD-Rom may
attend at any Canada Post retail outlet to obtain reimbursement of the original
purchase price of $9.95 plus applicable taxes.
In addition, any consumer who receives reimbursement
of the purchase price of the CD-Rom will also be entitled to receive 3 months'
Internet access at no cost whatsoever.
Notice of the settlement will be advertised
via newspaper publication on a national basis and consumers will have 45 days
to return their CD-Roms and 60 days to request the 3 month free Internet offer.
Final Court Approval of the settlement was obtained in British Columbia on April 7,
2004 and all time periods run from that date.
Overview of Claim
A Statement of Claim was issued in the Ontario
Superior Court of Justice on March 28, 2002.
The Statement of Claim names Canada Post Corporation,
Cybersurf Corp. and 3Web Corp. as Defendants.
It is alleged that Canada Post sold through
its approximately 900 retail outlets all across Canada CD-Roms that were to contain
installation software which would allow purchasers to access an advertised and
represented “free unlimited Internet access”
service.
The underlying Internet service was to be provided by Cybersurf Corp. and 3Web Corp.
The CD-Rom was co-branded between Cybersurf Corp. and Canada Post Corporation.
The CD-Rom was sold at Canada Post’s retail outlets for $9.95 plus applicable taxes and was purchased by approximately 140,000 Canadians across the country.
The CD-Rom was sold for a period of approximately 10 months.
In or about August, 2000, Cybersurf/3Web determined that it could no longer provide “free unlimited Internet access” and began to charge $9.95 per month for the service.
At that point, Canada Post pulled the CD-Roms from its shelves and appears to have terminated its relationship with Cybersurf/3Web.
Despite numerous complaints from customers, Canada Post has failed to reimburse
its customers the purchase price of the CD-Rom which is now useless as it no
longer accesses the advertised and represented “free unlimited Internet
access”
service but rather a $9.95 per month unlimited Internet access service.
We are compiling a database of individuals who purchased the CD-Rom from Canada Post.
If you have not contacted us, we would appreciate
hearing from you as it may assist us in pursuing this claim. You may contact
us by e-mail, telephone, mail, courier, fax, etc.
Court Documents
Click Here to Read the
Statement of Claim.
Click Here to Read the Settlement Agreement.
Click Here
to read the Judgment Certification and Court Approval
Click Here to Read the Press Release
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