Nintendo is facing yet another legal fight over the Switch's Joy-Cons. After dealing with filings in both Europe and the United States, it's now Canada's turn. Lambert Avocat is a Quebec law firm that has just filed a class-action lawsuit against Nintendo over Joy-Con drift, claiming that the defect goes against the Consumer Protection Act. Joy-Con drift continues to be a rampant issue for the company, which is in the midst of multiple lawsuits regarding the controllers, in Washington and Illinois, where cases have headed to arbitration, as well as France and the UK. Currently, this latest case is awaiting approval from the court, and if it moves on, the class action lawsuit hopes to obtain compensation for affected users.
The « Joy-Con Drift » constitutes an important, serious and hidden defect, because:
- the consumers wouldn’t have brought the defective gaming systems or controllers or wouldn’t have paid such high price, had they known their reduced product lifespan because of the defect;
- the defect prevents the products in performing a function for which they were bought for and causes inconvenience to consumers;
- the defect was not revealed by Nintendo;
- the consumers were not able to detect the default through an ordinary examination of the products.