FILED CLASS ACTION AGAINST TREADZ AUTO GROUP INC., SEAN O’BRIEN, HER MAJESTY THE QUEEN IN THE RIGHT OF ALBERTA AS REPRESENTED BY SERVICE ALBERTA, AND THE ALBERTA MOTOR VEHICLE INDUSTRY COUNCIL
In June 2015, Knight LLP filed a class action lawsuit against Treadz Auto Group Inc, Treadz’s sole Director and shareholder, Sean O’Brien, Her Majesty the Queen in the Right of Alberta as represented by the Minister of Service Alberta (“, and the Alberta Motor Vehicle Industry Council (“AMVIC”). The class action arose in relation to a consumer transaction between members of the public and Treadz during the period of time that Treadz was licensed with AMVIC, whereby Treadz agreed to display, demonstrate, and advertise the members’ consignment vehicles and, if a member’s vehicle was sold, to pay that member a settlement within ten days. In addition, Treadz agreed to deduct and pay all liens with respect to the consignment vehicle and accept any and all trades in whole or part payment on the vehicle.
The claim alleges, among other things, that Treadz breached the Consignment Agreement by refusing or neglecting to comply with one or more of the terms contained therein. Further, it is alleged that Treadz was unjustly enriched as a result of the revenues it made from the sale of the members’ vehicles while the members suffered corresponding deprivation. The claim also alleges that a duty of care was owed by AMVIC and Service Alberta to the members and that both defendants, through negligent acts or omissions, breached this duty of care.
The next steps are to obtain Case Management Judge and Proceed to bring an Certification Application.
An update on the progress of the litigation will be provided at the end of September 2015.