Skip to main content
Canada’s most-awarded newsroom for a reason
Enjoy unlimited digital access
$1.99
per week
for 24 weeks
Canada’s most-awarded newsroom for a reason
$1.99
per week
for 24 weeks
// //

An exchanged Samsung Electronics' Galaxy Note 7 is seen at company's headquarters in Seoul, South Korea, October 13, 2016.

KIM HONG-JI/Reuters

A class action lawsuit has been filed in Canada regarding Samsung Galaxy Note 7 phones, which were recalled last month following reports of overheating batteries that pose a fire hazard.

The lawsuit against both the U.S. and Canadian divisions of Samsung was filed in Ontario Superior Court by London, Ont.-based McKenzie Lake Lawyers, LLP.

The claim alleges Samsung was negligent because they knew or should have known that the devices could harm consumers.

Story continues below advertisement

The allegations have not been proven in court.

Related: The Samsung Galaxy Note 7: What went wrong, and how Canadians are affected

The lawsuit, which was filed on behalf of Canadian residents who bought the Note 7, seeks damages and a declaration that the defendants' actions were false and misleading and contravened the Consumer Protection Act and the Competition Act.

The South Korean electronics giant stopped making and selling the devices and advised owners to turn them off and stop using them last month.

Samsung Electronics Canada Inc. says customers who return the phone can either exchange it for a Galaxy S7 or Galaxy S7 Edge, or receive a full refund.

The plaintiffs in the case are Hannah Shaheen of Burlington, Ont., and Daniel Fuller, a Michigan resident in the process of moving to Burlington.

While returning from their honeymoon in the Turks and Caicos Islands, the couple says they were forced to destroy and discard their Note 7 phones because they had been banned from air transportation. They allege that in the process of destroying the devices, one caught fire.

Story continues below advertisement

Because they had been forced to destroy the phones, Shaheen and Fuller lost all the personal information, photos, videos and contacts that were on the devices.

The couple says they have not received any compensation from the company or a replacement device.

"We believe that through this action, the defendants will be required to account for their actions in bringing these devices to market," lawyer Matthew Baer said in a statement.

"Canadians who owned these devices deserve to be properly compensated."

Samsung did not immediately respond to a request for comment.

Report an error
Due to technical reasons, we have temporarily removed commenting from our articles. We hope to have this fixed soon. Thank you for your patience. If you are looking to give feedback on our new site, please send it along to feedback@globeandmail.com. If you want to write a letter to the editor, please forward to letters@globeandmail.com.

Welcome to The Globe and Mail’s comment community. This is a space where subscribers can engage with each other and Globe staff. Non-subscribers can read and sort comments but will not be able to engage with them in any way. Click here to subscribe.

If you would like to write a letter to the editor, please forward it to letters@globeandmail.com. Readers can also interact with The Globe on Facebook and Twitter .

Welcome to The Globe and Mail’s comment community. This is a space where subscribers can engage with each other and Globe staff. Non-subscribers can read and sort comments but will not be able to engage with them in any way. Click here to subscribe.

If you would like to write a letter to the editor, please forward it to letters@globeandmail.com. Readers can also interact with The Globe on Facebook and Twitter .

Welcome to The Globe and Mail’s comment community. This is a space where subscribers can engage with each other and Globe staff.

We aim to create a safe and valuable space for discussion and debate. That means:

  • Treat others as you wish to be treated
  • Criticize ideas, not people
  • Stay on topic
  • Avoid the use of toxic and offensive language
  • Flag bad behaviour

If you do not see your comment posted immediately, it is being reviewed by the moderation team and may appear shortly, generally within an hour.

We aim to have all comments reviewed in a timely manner.

Comments that violate our community guidelines will not be posted.

UPDATED: Read our community guidelines here

Discussion loading ...

To view this site properly, enable cookies in your browser. Read our privacy policy to learn more.
How to enable cookies