Dell Canada loses appeal to halt class action suit

Mon Jan 25, 2010 3:58pm EST
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TORONTO (Reuters) - A Canadian court has dismissed attempts by Dell Canada Inc to stop a class action lawsuit dating back to 2007 involving 119,000 claims of faulty laptops, the law firm representing the action said on Monday.

The Toronto law firm Rochon Genova LLP said in a statement the class action would now be able to proceed against the U.S.-based computer maker.

Joel Rochon, a lawyer representing the class, said the case could makes its way before the courts by early 2011.

The suit could claim more than C$238 million ($225 million) from Dell, lawyers said, and is for customers who bought Dell's 1100, 1150, 5100, 5150 and 5160 Inspiron laptop computers between March 2003 and May 2005.

The class proceeding was filed against Dell in 2007, alleging the laptops were defective.

Dell, which could not be reached for immediate comment on Monday, sought to stay the class action on two occasions in Ontario Superior Court.

Rochon Genova did not disclose the terms of the lawsuit.

Dell Canada, with headquarters in Toronto, is a wholly owned subsidiary of Texas-based Dell Inc.

Rochon Genova specializes in class action lawsuits for defective products.

($1=$1.06 Canadian)

(Reporting by Pav Jordan; editing by Peter Galloway and Rob Wilson)