On August 2, 2005, Mr. Jimmy St-Germain filed a motion for authorization to institute a class action against Apple Canada with regards to the levy charged to consumers by Apple for the purchase of an iPod or an iPod mini between December 12, 2003 and December 14, 2004.
Between December 12, 2003 and December 14, 2004, Apple charged consumers a levy of an amount of $25 at the time of the purchase of an iPod and of $15 for an iPod mini. That levy was later found to be illegal and the amounts received by Apple were returned to it. The plaintiff is sought to obtain from Apple the reimbursement of the amounts paid by consumers.
On February 23, 2006, the Honourable Justice Hélène Le Bel authorized the exercise of the class action for the following group:
All persons residing in Quebec, who bought an iPod or an iPod mini between December 12, 2003 and December 14, 2004, excluding the persons who have been reimbursed by Apple before February 28, 2006.
On January 11, 2008, after a trial on the merits of the case, Justice Le Bel granted the action and ordered Apple to reimburse the class members.
However, in July 2010, the Court of Appeal overturned that decision. The filed is now closed.