Case name:
Pharmaprix Ecofees – Quebec Class Action Settlement
Quebec Superior Court file #:
500-06-001243-233
What this class action was about:
The claims asserted against Shoppers (dba as Pharmaprix) and Loblaw in the Application for Authorization are based, essentially, on an allegation that Pharmaprix did not properly advertise (display) the price of products subject to EHF (ecofees) it offered for sale in Quebec, and that it charged a total price including EHF higher than displayed for these products or allowed by law. The Defendants deny these claims and the parties reached a settlement without any admission of responsibility.
Settlement Class:
All natural and legal persons in the province of Québec who purchased a product subject to the Environmental Handling Fee from a Pharmaprix Store between December 11, 2019 and June 8, 2023.
Terms of the Settlement:
Shoppers agreed to settle the class action in exchange for a full release of the Released Claims, as defined in the Settlement Agreement. This includes any complaint that the price or EHF charged by a Pharmaprix store was higher than the price or the EHF advertised or displayed for same (for example, on its packaging, a shelf-label, an in-store display or advertisement, including on a technological support).
The Settlement Agreement provides for the following, subject to Court approval. Shoppers has agreed to a settlement amount of $300,000.00. This sum is designated for two purposes: to provide compensation to Class Members in the form of a discount, and to pay Class Counsel’s legal fees and expenses. First, the legal fees and applicable taxes will be subtracted from the total settlement fund. The remaining balance will then be allocated entirely to customer discounts. The discount will be of 50% off of the regular price of batteries purchased in a Pharmaprix store during ninety (90) days or until the funds are depleted.
DISCONTINUANCE IN FAVOUR OF LOBLAW
In the context of this class action, there was a discontinuance with respect to Loblaw. If the Court allows the discontinuance, the action against Loblaw will be terminated. Limitation periods will no longer be suspended.
Status:
On December 19, 2024, the Court authorized this class action against Pharmaprix for settlement purposes only. The Pharmaprix Settlement approval hearing is scheduled for March 20, 2025, at 9:30 a.m., in the Montreal courthouse located at 1, Notre-Dame East Street, in room 2.08 or via a TEAMS link to be posted on this website.
Documents:
Long-Form Notice of Hearing for Settlement Approval, Opt-out and Discontinuance
Short-Form Notice of Hearing for Settlement Approval, Opt-out and Discontinuance
Settlement Agreement (Pharmaprix) – October 15, 2024
Judgment authorizing the Class Action against Pharmaprix for Settlement Purposes – December 19, 2024