Key Allegations:

• Consumer Protection: Robson alleges that FedEx charged undisclosed fees (like “Advancement Fee” and “Clearance Entry Fee”) for shipments, misleading consumers into believing these fees were government levies.
• Class: Non-commercial purchasers in Canada charged these fees by FedEx since 2016.
• Main Issue: Whether FedEx violated the Ontario Consumer Protection Act (CPA) by charging unsolicited fees without clear disclosure.

Court’s Findings:

• Certification Criteria: The court found that the Plaintiff satisfied all the criteria under section 5(1) of the Class Proceedings Act:
  1. Cause of Action: Claims of unfair practices, misrepresentation, and unjust enrichment under the CPA were viable.
  2. Identifiable Class: Defined as all non-commercial Canadian purchasers charged these fees since 2016.
  3. Common Issues: Whether FedEx’s invoicing practices violated consumer laws, and potential entitlement to restitution and punitive damages.
  4. Preferable Procedure: A class action was deemed the most efficient way to resolve numerous small claims.
  5. Plaintiff Representation: Karen Robson was suitable as the representative Plaintiff.

Outcome:

• The class action was certified, with Robson as the representative Plaintiff. Common issues included claims of unsolicited service fees, breaches of consumer protection, and unjust enrichment. The case will proceed to address these claims in a collective manner. No monetary award specified.