The plaintiff sought to certify a class action against Intuit Canada ULC and Intuit Inc., alleging that the defendants engaged in misleading advertising and 'drip pricing' by promoting their tax filing software as 'free' or 'free for simple tax returns', only to require users to pay to complete their filings after investing time in the software.
The court granted certification, finding that the pleadings disclosed valid causes of action under provincial consumer protection legislation, the Competition Act, and unjust enrichment.
The court approved the class definition, certified common issues relating to liability and aggregate damages (excluding punitive damages), and found that a class proceeding was the preferable procedure.
