Premature draining of the Nexus 6P battery
This class action seeks to compensate all persons who have purchased a Nexus 6P in Québec. The action alleges that the battery of the device manufactured by Huawei drains prematurely.
The second claim period is now over and the Administrator Collectiva has paid all compensations.
It is therefore no longer possible to make a claim.
The Settlement Agreement
On November 17, 2021, the Honorable Pierre-C. Gagnon of the Superior Court approved the Settlement Agreement reached with the Defendants for the benefit of persons who own, or have owned, a Nexus 6P originally purchased in Quebec.
The agreement provided that the Defendants would pay a lump sum of $ 550,000.
Summary of the class action
The Nexus 6P was a high-end cellphone commercialized in Canada starting in November 2015.
Despite its high cost, after only a few months of use, the phones would turn off even if the pictogram on the screen indicated that there remained battery, even 30 or 40% battery. The phone could only be turned on again if it was connected to a charger. The display screen would turn on again, showing the same remaining battery level as when it was turned off. The battery would empty again very quickly as soon as it was disconnected.
Deficiencies in Nexus 6P cell phones seriously affected the purpose for which they were normally intended, including wireless communication. The battery life of the Nexus 6P was unreasonable in comparison to a typical battery for a phone of such high value.
According to the plaintiff, the premature draining of the Nexus 6P’s battery was directly related to a faulty battery design. It was a serious hidden defect under both the Consumer Protection Act and the Civil Code of Québec.
On March 23rd, 2018, Ricky Tenzer filed an application to be authorized to bring a class action.
Judge Gary D.D. Morrison of the Superior Court dismissed the application and refused to authorize the class action, but Mr. Tenzer appealed that decision and the Court of Appeal ruled in his favour. On May 11, 2020, the Court of Appeal authorized the class action.
On June 26, 2020, the representative plaintiff, through TJL, filed an Originating Application in the class action before the Superior Court of Quebec.
On February 12, 2021, the defendant, Huawei Technologies Canada Co. filed an Originating Application in warranty against Google LLC and Google Canada Corporation.
On August 27, 2021, a Settlement Agreement was reached between the Plaintiff, Ricky Tenzer and the Defendants, Huawei Canada, Google Inc. and Google Canada Corporation. The settlement agreement provided for a total amount of $550,000.
On November 17, 2021, the Honorable Pierre-C Gagnon of the Superior Court approved the Settlement Agreement.