The motion to authorise this class action was rejected in July 2012 by the Hon. Judge Michèle Lacroix of the Quebec Superior Court. The APA`s lawyers appealed the decision, which will be heard by the Court of Appeal of Quebec on November 29, 2012. The APA will post information on the Court of Appeal`s decision when it becomes available.
A study conducted between 1999 and 2007 published by Measurement Canada (the government body that ensures the accuracy of measuring instruments in various types of business across the country) revealed that on average, 4.9 % of all gas pumps inspected exceeded the acceptable 0.5% margin of error and provided less fuel than the volume which appears on the pump.
The errors on each transaction are small and result in a small loss for each individual person involved, but as a consequence of the large volume of fuel sold in Canada each year, the inaccurate calibrations represent a substantial amount from which consumers of fuel and car drivers have been deprived.
As a non-profit association dedicated to promoting consumer interests, the Automobile Protection Association found itself concerned by these results and took necessary measures to act as a representitive in a class action against oil companies Pétro-Canada, Imperial Oil Limited (doing business under the name “Esso”), Shell Canada Products, Ultramar Ltd. and Irving Oil Inc., whose pumps are especially indentified in Measurement Canada’s report.
The class action has been filed on behalf of every person forming part of the group described hereinafter, i.e.:
“Every natural person or sole proprietorship enterprise, and private legal persons, societies and associations numbering less than fifty (50) employees, having purchased gas between January 1, 1999 and the month of September 2007 in a gas station in Canada under the banners of one of the Respondents.”
Persons who believe they qualify as members of the aforementioned group are asked to fill out and submit the form available at the bottom of this page.
Not filing this form will not prejudice any of your rights, as every person meeting the definition of member is deemed to be included in the class action at the moment of its authorization, unless he/she explicitly manifests his/her wish to withdraw from the class action.
However, more members of this group being identified means the APA will be able to better demonstrate that there is a great interest in the group that the Automobile Protection Association proposes to represent.
If you have kept any receipts for gas from 1999 to 2007, we would request that you keep them and drop us a line to let us know what you have; your records could greatly help the APA in presenting the evidence necessary for this class action to be authorized and eventually granted.
LINK TO THE FACEBOOK GROUP
LINK TO THE OTTAWA CITIZEN ARTICLE
LINK TO MEASUREMENT CANADA