1. On October 31, 2003, a proposed class action lawsuit was launched against Toshiba of Canada Limited and Toshiba Corporation by representative plaintiffs Jeffrey Bondy of Amherstburg, Ontario, and Nicolas MacPherson of Windsor, Ontario. Toshiba is one of the world’s largest developers and manufacturers of advanced electronic devices, components and systems. The lawsuit alleges that the company negligently designed and marketed a faulty notebook computer that contained a design flaw, causing the laptop to overheat, perform poorly and shut down.
2. The plaintiffs propose to represent all persons in Canada who purchased a Toshiba Satellite 5000 series notebook computer (the "Notebook"). The Notebook was promoted as “the ultimate multimedia machine” and as offering 1.1 GHz Pentium III processing power to handle an array of gaming and multimedia presentations. The Notebook actually fails to perform at performance levels expected of a Pentium III 1.1 GHz computer because it inadequately dissipates heat generated by the Pentium III processor, causing sluggish performance and unexpected shut-downs.
3. For more details about the lawsuit, you may review the amended statement of claim here.
4. On February 27 and 28, 2006 Mr. Justice Brockenshire heard arguments on the defence motion to strike the statement of claim as disclosing no cause of action. By reasons dated April 21, 2006, the motion judge dismissed the defendants' motion with costs payable to the plaintiffs. You may review the reasons here.
5. The defendants sought leave to appeal Mr. Justice Brockenshire's decision. The motion for leave to appeal was argued on June 29, 30 and July 5, 2006 before Mr. Justice G. E. Taylor. On July 25, 2006, Mr. Justice Taylor dismissed the defendants' motion for leave with costs. His endorsement may be reviewed here.
6. The certification motion was argued in Windsor on December 4, 5 and 6, 2006. Mr. Justice Brockenshire reserved judgment.
7. On March 2, 2007, Mr. Justice Brockenshire released his reasons for decision certifying the action as a class proceeding and appointing Jeff Bondy and Nicolas MacPherson as representative plaintiffs. You may review the reasons here.
8. On March 9, 2007 the defendants served a notice of motion seeking leave to appeal Justice Brockenshire's order certifying the action. The leave to appeal motion was argued on June 19, 2007. On July 10, 2007, Justice Patterson released his reasons denying leave to appeal.
9. The statement of defence may be reviewed here.
11. If you would like to speak to someone at Sutts, Strosberg LLP about this class action, please use our toll free line 800.229.5323, extension 8296.
12. If you would like to know more about how a class action works, please click here.