Sears Tires - National Class Action
Class action lawyer Tony Merchant, Q.C. has launched proposed National Class Action lawsuits against Sears Canada Inc., having filed lawsuits in Ontario, Quebec and elsewhere.
In 1999, Sears sold less than 2% of its inventory of five advertised types of all-season tires at the supposedly regular prices before advertising them as on sale. The Competition Act stated that retailers must have sold a "substantial volume" of a product at the pre-sale price for a "substantial period'' before the sale begins.
Tony Merchant is seeking to certify a national class action on behalf of:&
All persons and businesses in Canada who have purchased Roadhandler "T" Plus tires, BF Goodrich Plus tires, Weatherwise R H Sport tires, Response RST Touring '2000’ tires, or Silverguard Ultra IV tires through of from the Respondent at their various retail operations in Ontario and throughout Canada in 1999, and all persons and businesses who purchased tires through or from the Respondent of any make or kind on sale or reportedly on sale between 1999 to January 1, 2005, collectively.
In a decision released in January 2005, Canada's Competition Tribunal ruled that Sears Canada broke the law by overinflating advertised sales on tires in 1999. Sears enticed consumers with claims of 45% savings, but the actual savings were far less than advertised. "You go in and do the calculation, you would have assumed that you'd have saved $248. In fact, you would only have saved $12," reported Commissioner of Competition Sheridan Scott. The Competition Bureau ruled Sears "could not have truly believed that its regular tire prices were genuine and bona fide prices that the market would validate.'' This, the bureau said, violated a Competition Act provision against inflated references to regular prices when products are sold at sale prices.
"This landmark decision sends a loud signal to the business community that bogus bargain price claims mislead consumers and harm retailers who comply with the law,'' stated the Competition Bureau.
Merchant Law Group LLP has 10 offices across Canada, with lawyers practising law in six provinces and an American state. Tony Merchant, Q.C., and his firm are well known for their involvement in Mass & Class Action cases in Canada, including class proceedings regarding Complete Contact Lens Solution, Silicon Breast Implant, Winners/HomeSense, Various Cellular Phone Fees, Molson-Coors Merger, Conrad Black/Hollinger, GM Gasket Manifolds, Lead Paint in Toys (and similar consumer products), Menu Foods, Paxil, Vioxx, Agent Orange, Sony, Residential School litigation, CPR Anhydrous Ammonia, Tundra noxious gas emissions, Zonolite, Canadian Wheat Board Pool transfers, and various other cases. Tony Merchant is known to be one of Canada's most active litigators with more than 600 reported cases in leading Caselaw Journals, having argued thousands of cases before the Canadian and American Courts, in Trial and Administrative Courts, and the Courts of Appeal of various American and Canadian jurisdictions, the Federal Court of Canada, and the Supreme Court of Canada. Tony Merchant, Q.C., has a long history in pursuing public policy cases and is a former Member of the Legislative Assembly (M.L.A.)
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POUR LE SERVICE EN FRANCAIS AU SUJET DE CE RECOURS COLLECTIF (OU D'AUTRE RECOURS POTENTIEL), S.V.P. CONTACTER NOTRE BUREAU DE MONTREAL: MONTREAL@MERCHANTLAW.COM.
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