Bellerose v. Les véhicules Tesla Canada

On September 13, 2023, the honorable Lukasz Granosik (j.c.s.) of the Superior Court of Québec authorized a class action in court file no. 500-06-001080-205 against the defendant Tesla Motors Canada ULC and granted the status of representative plaintiff to Mr. Jean-François Bellerose. On November 19 décembre 2024, the class represented by Mr. Bellerose was redefined as follows [translation from the authorization decision rendered in french]:

“Subclass 1:

All natural and legal persons who ordered or purchased in Québec, between July 1, 2018, and May 18, 2020, a new Tesla motor vehicle with Premium Connectivity Service provided free of charge.

(a) Who have been charged a connectivity fee to continue to use the service; or

(b) Who have had their service terminated.

Subclass 2:

All natural and legal persons who purchased in Québec, between July 1, 2018, and May 18, 2020, a pre-owned Tesla motor vehicle with Premium Connectivity Service provided free of charge.

(a) Who have been charged a connectivity fee to continue to use the service; or

(b) Who have had their service terminated.

Excluding all persons, in both subclasses, whose purchase agreement contains an arbitration clause which has not been waived in writing within 30 days of the execution of the purchase agreement and who have not contracted as consumers.”

​The court authorized the exercise of a class action for damages against the defendant.

The plaintiff alleges that Tesla would have represented to class members that the Premium connectivity service was included in the purchase price of their vehicles for their lifespan. He further alleges that Tesla would have acted in contravention to the Civil Code of Quebec and the LPC in this respect.

More specifically, the plaintiff alleges that Tesla would have unilaterally stopped providing the Premium connectivity service that he claims was included with the purchase of all Tesla brand cars sold between July 1, 2018 and May 18, 2020.

According to the Plaintiff, Tesla would have therefore:

A) invoiced and illegally levied a connectivity fee from class members so that they could continue to receive the Premium connectivity service;

B) unilaterally terminated the Premium connectivity service of those class members who refused to pay the fee.

The defendant denies the plaintiff’s allegations and is contesting the merits of the class action. At trial, the Court will need to decide whether the plaintiff’s claims are well founded and whether the allegations of claim have been proven.

The main conclusions sought by the plaintiff against the defendant are summarized in particular as follows:

• The payment of a sum to be determined to cover the following reimbursements:

a) The amount corresponding to the monthly payments paid from May 18, 2020 for maintaining the full connectivity service (amount to be determined).

b) The amount equivalent to the monthly payments that would have been paid as of May 18, 2020 for the maintenance of the full connectivity service (amount to be completed) by class members who did not pay the monthly fee and were deprived of the service

c) $2,500,000.00 in punitive damages for all members.

d) Collective recovery of claims and their individual settlement

If you wish to remain a class member, you have nothing to do. If you wish to opt-out, you have until July 14, 2025, to advise the registry of the Superior Court of Quebec, District of Montreal, at 1 Notre Dame Street East, Montreal, Quebec, H2Y 1B6, by registered mail. Please make sure to mention file no. 500-06-001080-205 in your correspondence. For further information, you may contact class counsel listed below. Please do not contact the defendant or the Judges of the Superior Court.

The members of the class, other than the plaintiff and an intervener, cannot be called upon to pay the costs of the class action if the action is dismissed.

A new notice will be published when a final judgment is rendered.