A class-action lawsuit has been filed against Samsung on behalf of Canadian residents who purchased the now-recalled Galaxy Note 7 model.

Papers were filed in the Ontario Superior Court, lodging a complaint against both the US and Canadian divisions of Samsung, Canadian Press reports.

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The suit claims that Samsung was negligent, as the company knew or should have known that the devices could harm consumers – allegations which have not been proven in court.

Two plaintiffs in the case – couple Hannah Shaheen of Burlington, Ontario, and Daniel Fuller, a Michigan resident in the process of moving to Burlington – say they were forced to destroy and discard their Note 7 phones when returning from their honeymoon, due to the devices being banned aboard aircraft.

The couple allege that in the process of destroying the phones, one caught fire, and that all of their personal information, including photos, videos and contacts, was lost as a result of having to ditch the phones.

They say they have not received any compensation from Samsung, and are seeking damages in the suit, as well as a declaration that the defendants’ actions were false and misleading, and contravened both the Consumer Protection Act and the Competition Act.

South Korean electronics giant Samsung issued a global safety recall of the Galaxy Note 7 mobile phone model last month, after reports of overheating and ‘exploding’ batteries.

The company advised that owners of the recalled phone can exchange the model for a Galaxy S7 or Galaxy S7 Edge, or receive a full refund.

Matthew Baer, a lawyer for the plaintiffs, said, “We believe that through this action, the defendants will be required to account for their actions in bringing these devices to market.

“Canadians who owned these devices deserve to be properly compensated.”

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