Quebec Appeal Court rejects Fortnite creator's challenge of class-action lawsuit

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.

The suit was first brought to the courts in 2019 by three Quebec parents who claimed that Fortnite was designed to addict its users, many of them children, to the game. 

According to the original filing, the plaintiffs say their children exhibited troubling behaviours, including not sleeping, not eating, not showering and no longer socializing with their peers.

According to the filing, one of the children was diagnosed with an addiction by an on-call doctor at a Quebec clinic, or CLSC, in the Lower St. Lawrence region. It also notes that the World Health Organization (WHO) recognized addictive gaming disorder as a disease in 2018.

Jean-Philippe Caron, a lawyer for the plaintiffs, said his firm has heard from around 350 people who may be part of the class action.

"Of course, the (class action) is probably much larger than that but it's going to take the evidence that we'll obtain in the process of gathering evidence to establish with certainty the number of people who will be included," he said in an interview Monday.

He said a similar lawsuit — which would include Canadians outside Quebec — will likely be filed in the British Columbia courts this week.

Fornite is a free-to-download game that earns much of its revenue through in-game purchases. Players can upgrade their characters by purchasing outfits, accessories and access to certain levels.

Lawyers for Epic Games did not immediately respond to a request for comment.