| NOTICE TO MEMBERS (DETAILED) |
AUTHORIZATION TO INSTITUTE A CLASS ACTION
| Fortin-Simard v. Uber Canada inc., Uber Portier Canada inc. and Uber Technologies, inc. 500-06-001323-241 |
1. On March 24, 2026, the Superior Court of Quebec authorized a class action against Uber Canada inc., Uber Portier Canada inc. and Uber Technologies, inc. This class action concerns Quebec residents who made purchases on the Uber or Uber Eats platform and who paid an excess amount equivalent to taxes on tax-exempt products and/or who paid an amount exceeding the maximum allowed for drinking milk. The description of the class is as follows:
All persons who, after July 22, 2021, in Quebec, made a transaction on the Uber or Uber Eats mobile app, or on the website www.ubereats.com, and who paid an excess amount equivalent to taxes on tax-exempt products.
(Hereinafter “Class A”)
All persons who, after July 22, 2021, in Quebec, made a transaction on the Uber or Uber Eats mobile app, or on the website www.ubereats.com, and who paid an amount exceeding the maximum allowed for drinking milk.
(Hereinafter “Class B”)
Uber denies all of these allegations. The Court has not yet determined whether the class action is well founded, and the allegations made have not yet been proven. A trial will be held at a later date to allow the parties to present their evidence and arguments.
A. WHO IS CONCERNED BY THIS CLASS ACTION?
2. This action has been authorized on behalf of the Class described in paragraph 1 above.
B. WHAT ARE THE MAIN ISSUES THAT WILL BE DECIDED IN THIS CLASS ACTION?
3. The main questions of fact and law to be dealt with collectively have been identified as follows:
a) With respect to Class A, did the defendants falsely represent, or allow to be represented, the existence, allocation, amount, or rate of sales taxes due on tax-exempt products?
b) Did the defendants bill, or allow the billing of, taxes to the plaintiff and members of Group A on tax-exempt staple food products?
c) With respect to Class A, did the defendants allow third-party merchant suppliers to violate tax laws through their web platform and mobile applications?
d) Did the defendants charge, or allow the charging of, the plaintiff and members of Class B amounts exceeding the maximum price set by regulation for drinking milk?
e) With respect to Class B, did the defendants post, or allow third-party retailers to post, prices exceeding the maximum price set by regulation for drinking milk?
f) Are the defendants independent contractors who sell and deliver directly to consumers’ homes within the meaning of the regulations
g) Are third-party retailers who use the defendants’ services to deliver drinking milk to homes subject to the maximum retail price for milk set forth in the regulations?
h) Have the Class Members suffered damages as a result of the conduct alleged against the defendants?
i) What damages have the Class Members suffered as a result of the conduct alleged against the defendants?
j) Are the Plaintiff and the Class Members entitled to claim interest at the legal rate plus additional compensation on the amounts to be paid?
k) Are the Plaintiff and the Class Members entitled to claim punitive damages, and if so, in what amounts?
C. WHAT ARE THE MAIN CONCLUSIONS SOUGHT IN THIS CLASS ACTION?
4. The related conclusions were identified as follows:
GRANT the class action brought by the plaintiff on behalf of the members of the Class against the defendants;
CONDEMN the defendants to pay, as damages to the plaintiff and to each member of Class A, the equivalent of the taxes overpaid for each transaction, with interest at the legal rate plus the additional indemnity provided for in article 1619 of the Civil Code of Québec, calculated from the date of filing of the application for authorization;
CONDEMN the defendants to pay, as damages to the plaintiff and to each member of Class B, the equivalent of the amounts invoiced in excess of the maximum price set by regulation for drinking milk, with interest at the legal rate plus the additional indemnity provided for in article 1619 of the Civil Code of Québec, calculated from the date of filing of the application for authorization;
ORDER that the members’ claims for payment of damages and for payment of interest on those amounts be subject to collective recovery;
CONDEMN, by way of punitive damages, the defendants to pay to the plaintiff and the members of the Class the sum of five dollars ($5) per transaction for each member of the Class, with interest at the legal rate plus the additional indemnity provided for in article 1619 of the Civil Code of Québec, calculated from the date of the judgment to be rendered;
ORDER that the members’ claims for punitive damages, as well as interest on such amounts, be subject to collective recovery;
THE WHOLE with legal costs, including notice fees and expert fees, if applicable.
D. HOW CAN I OPT OUT OF THIS CLASS ACTION?
5. Any member of the class who has not opted out as indicated below will be bound by any judgment to be made on the class action.
6. If you wish to exclude yourself from this class action, you must notify the clerk of the Superior Court of the district of Montreal in writing before the expiry of the exclusion period set at September 8th 2026, 4:30 p.m., by registered or certified mail at the following address:
Superior Court of Quebec
1 Notre-Dame Street East, Montreal, Quebec H2Y 1B6
You must mention that you wish to opt out of the Fortin-Simard v. Uber Canada inc. (file number: 500-06-001323-241).
7. A member will no longer be able to exclude himself (except with special permission) after September 8th 2026 4:30 p.m.
8. Any Class Member who has filed a claim that would be available in the final judgment on the class action is deemed to be excluded from the Class if he or she does not discontinue his or her claim before the expiry of the opt-out period.
9. A class member other than a representative or intervener cannot be called upon to pay the legal costs of the class action if the action is dismissed.
10. A member may have an intervention received by the Court if it is considered useful to the class, following the procedure provided for in the Act.
11. A new notice will be published at the time of the final judgment on these applications.
E. WHERE CAN I GET MORE INFORMATION?
12. The judgment authorizing this class action and the formalities relating to the procedure for excluding members are available at the registry of the Superior Court of the district of Montreal, in the Class Actions Register on the website:
https://www.registredesactionscollectives.quebec/fr/Fichier/Document?NomFichier =16703.pdf
13. For any additional information, you can contact the plaintiffs’ attorneys at the following coordinates:
| Perrier Avocats 10500, boul. Saint-Laurent Montreal, Quebec H3L 2P4 Email: info@perrieravocats.com By phone: 514-336-2769 https://perrieravocats.com/ |
PUBLICATION OF THIS NOTICE WAS ORDERED BY THE COURT
In the event of a discrepancy, the court’s judgments prevail