RDPRM registration fees

Class action authorized against the Bank of Nova Scotia, the Bank of Montreal and the Fédération des caisses Desjardins du Québec concerning the administration fees imposed by these institutions in addition to the fees collected by the government for the registration of a retention of title to the RDPRM.

A class action against the Bank of Nova Scotia, the Bank of Montreal and the Fédération des caisses Desjardins du Québec has been authorized pursuant to an authorization judgment of the Superior Court dated April 29, 2019 and a judgment of the Court of Appeal on April 27, 2021. The status of representatives was granted to the plaintiffs the Association pour la protection automobile (APA) and Ms. Cathy Meilleur in order to institute a class action for the following groups:

Main group

“ All natural persons, legal persons governed by private law, companies or associations or other groups without legal personality (individually a “Member” or collectively the “ Members“) having contracted in Quebec, who are bound by a contract for the installment sale of movable property with the Bank of Nova Scotia (“BNS“) or the Bank of Montreal (“BMO“) or the Fédération des Caisses Desjardins du Québec (“Fédération Desjardins“) and which had to pay administration fees in any form whatsoever, in plus the fees required by the government for the registration of a retention of title right in the RDPRM and the fees billed by third parties to BNE or BMO or the Fédération Desjardins under such a contract, for the period from 11 July 2015 to April 29, 2019 (“>Target Period”) “.

Consumer group

“ All natural persons having contracted in Quebec (individually a “Consumer Member ” or collectively the “Consumer Members “) who are bound by a contract of sale to installment of movable property with the BNE or the BMO or the Desjardins Federation and who had to pay administration fees in any form whatsoever in addition to the fees required by the government upon registration of a right of reserve property to the RDPRM and fees charged by third parties to BNE or BMO or the Desjardins Federation under such a contract, for the period from July 11, 2015 to April 29, 2019 (“Target Period >”) ”.

(the Main Group and the Consumer Group are collectively referred to as the “Group “. consumer protection, CQLR, c. P -40.1 (the “Lpc“) and that the members of this subgroup are an integral part of the main group);

KEY ISSUES OF FACT AND LAW

The principal issues of fact and law to be addressed collectively in this class action are as follows:

For the main group:

1. a) Did BNE, BMO and the Fédération Desjardins contravene article 1437 C.c.Q. in relation to the administration fees charged to Members of the main group in addition to the fees charged by the government for the registration of a retention of title right in the RDPRM and the fees charged by third parties to BNE and BMO and the Desjardins Federation in relation to the RDPRM or the administration of an installment sale contract?
2. b) If so, does such misconduct give rise to liability to the Lead Class Members?
3. c) If so, what damages are Main Class Members entitled to?

For the consumer group:

1. a) Did the BNE and the BMO and the Fédération Desjardins contravene section 8 of the CPA with respect to the administration fees billed to the Members of the Consumer Group in addition to the fees charged by the government? for registration ? a right of retention of title to the RDPRM and fees billed by third parties to BNE and BMO and the Fédération Desjardins in connection with the RDPRM or the administration of an installment sale contract?
2. b) If so, does such a fault give rise to liability towards the Members of the Consumer Group?
3. c) If so, what damages are Consumer Class Members entitled to?
4. d) If so, are the members of the consumer class entitled to punitive damages at the rate of $100.00 per member?

SEARCHED RESULTS

EXCELLENT the plaintiffs original request on behalf of all class members;

CONDEMN the defendants Bank of Nova Scotia, Bank of Montreal and Fédération des caisses Desjardins du Québec to pay the members of the group who are bound by a contract for the installment sale of movable property with one of between them the excess of administrative costs, in any form whatsoever, which exceed the actual cost incurred by this defendant by reason of the costs demanded by the government or a third party in connection with the registration of a right of reserve property to the RDPRM or to the administration of such a contract during the period from July 11, 2015 to April 29, 2019, all with interest at the legal rate plus the additional indemnity provided for in article 1619 of the Code civil du Québec as of July 11, 2018 and < strong>ORDER the collective recovery of these sums;

CONDEMN the defendants Bank of Nova Scotia, Bank of Montreal and Fédération des caisses Desjardins du Québec to pay the Members of the Consumer Group the sum of $100.00 (unless it is enforceable) against as punitive damages, all with interest at the legal rate plus the additional indemnity provided for in article 1619 of the Civil Code of Québec from the date of the judgment and ORDER collective recovery of such sums;

THE WHOLEwith legal costs, including notice, expert and administration costs;

The class action will be brought in the judicial district of Montreal and aims in particular to obtain damages for each Class Member for the imposition of administrative costs as well as punitive damages.

Please note that the class action has not ended and the final judgment has not yet been rendered.