Quebec Appeal Court rejects Fortnite creator’s challenge of class-action lawsuit
Posted February 27, 2023 12:51 pm.
The Quebec Court of Appeal has upheld a decision authorizing a class-action lawsuit by parents who claim their children became addicted to the popular online video game Fortnite.
Lawyers for Fortnite creator Epic Games had sought permission to appeal the decision, arguing that a Superior Court judge never should have authorized the class action because the plaintiffs didn’t present enough evidence about children being addicted.
Epic Games also argued that a second claim — that children who purchased an in-game currency were taken advantage of — should not have been allowed.
The lawyers argued the second claim had been suggested by the judge himself and that the company was not given a chance to argue against its inclusion in the class action.
Appeal Court Justice Guy Cournoyer said Friday that the company didn’t prove it had not been heard on the claim that the in-game money was allegedly exploitative, adding that there were no serious errors in the lower court judge’s overall decision to allow an appeal.
Lawyers for Epic Games did not immediately respond to a request for comment.