Canadian Microsoft Software Class Actions
UPDATES
Consumers:
- The claims period for Consumers has now closed.
- The cheques for the approved consumer payments were sent via regular ground mail on August 24, 2022. Important: Requests to replace uncashed cheques must have been received no later than March 1, 2023. Requests received after March 1, 2023 will not be processed.
Volume Licensees:
- The claims period for Volume Licensee claims has now closed.
- The vouchers for the approved Volume Licensee claims were issued via email on August 23, 2022. Volume Licensee Voucher amounts will be redeemable by using the unique and secure link provided in same email.
Education Program:
- K-12 and post-secondary schools in Canada that receive an Education Voucher may submit an Education Voucher Redemption Form for a refund, for having purchased Approved Products for use in Canada, by using the unique and secure link provided by email.
When to apply for an Education Voucher (Updated):
| Phases* | K-12 Schools | Post-Secondary Institutions |
|---|---|---|
| October 7, 2022 to January 31, 2023 (Phase 1) | Remote and/or underserved, with high enrollment from low socio-economic status groups, Indigenous and/or new Canadians | ≤ 5,000 FTE students |
| February 1, 2023 to March 21, 2023 (Phase 2) | All publicly funded | ≤10,000 FTE students |
| March 22, 2023 to August 31, 2023 (Phase 3) | All publicly and privately funded | All publicly funded |
| September 1, 2023 to December 31, 2023 (Phase 4) | All schools | All privately funded |
* K-12 schools and post-secondary institutions eligible to apply in an earlier phase may continue to do so in any subsequent phase(s).
What is this Class Action About?
The Class Action lawsuits were commenced in British Columbia, Ontario and Québec, but include Canadian residents in all provinces and territories. The Class Actions alleged that Microsoft and Microsoft Canada were involved in a conspiracy to illegally increase prices for certain Microsoft products.
A settlement was reached with the defendants, and was approved by the British Columbia, Ontario and Québec Courts.
The settling defendants do not admit, and expressly deny, any wrongdoing or liability.
The settlement amount is dependent on a number of factors, including how many members of the Class Actions make claims for compensation. After deductions for court approved legal fees and other expenses, the maximum settlement amount that will be available as compensation to members of these Class Actions will be $409,936,100 CAD (the “Net Settlement Amount”).
Who can receive compensation under these Class Actions?
You are a Class Member if you were a Canadian resident as of May 25, 2016 who, between December 23, 1998 and March 11, 2010 (inclusive), purchased a license for:
- PC versions of Microsoft’s Word, Excel, Office, Works Suite, or Home Essentials applications software (including any full upgrade versions); OR
- PC versions of Microsoft’s MS-DOS or Windows operating systems software.
You must have made this purchase for personal or business use in Canada on an Intel-compatible personal computer, and not for resale. Purchases must be of a genuine license for any full or upgrade version of the Microsoft products listed above.
If you purchased a Microsoft product to use on your computer, or a new PC computer with a Microsoft product already installed, that means that you purchased a license for the product.
What compensation may be available under this settlement?
There are two (2) categories of compensation available:
- Consumer Cash Payments: If you purchased a license for one (1) of the Microsoft products listed here for use in Canada, you may be eligible for a cash payment. Purchases made through a volume licensing program are not eligible for Cash Payments.
- Volume Licensee Vouchers: If you purchased a license for one (1) of the Microsoft products listed here through a Microsoft volume licensing program (including Open, Select and Enterprise Agreements) for use in Canada, you may be eligible to submit a claim for a voucher that is redeemable for certain Microsoft products. For more information about Volume Licensee Vouchers click here.
Payments per Microsoft product license range from $6.50 CAD to $13.00 CAD for both Consumer Cash Payments and Volume Licensee Vouchers.