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Class-action lawsuit filed in Canada against Samsung over Note 7 phones

An exchanged Samsung Electronics' Galaxy Note 7 is seen at company's headquarters in Seoul, South Korea, October 13, 2016.

KIM HONG-JI/REUTERS

A class action lawsuit has been filed in Canada regarding Samsung Galaxy Note 7 phones, which were recalled last month following reports of overheating batteries that pose a fire hazard.

The lawsuit against both the U.S. and Canadian divisions of Samsung was filed in Ontario Superior Court by London, Ont.-based McKenzie Lake Lawyers, LLP.

The claim alleges Samsung was negligent because they knew or should have known that the devices could harm consumers.

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The allegations have not been proven in court.

Related: The Samsung Galaxy Note 7: What went wrong, and how Canadians are affected

The lawsuit, which was filed on behalf of Canadian residents who bought the Note 7, seeks damages and a declaration that the defendants' actions were false and misleading and contravened the Consumer Protection Act and the Competition Act.

The South Korean electronics giant stopped making and selling the devices and advised owners to turn them off and stop using them last month.

Samsung Electronics Canada Inc. says customers who return the phone can either exchange it for a Galaxy S7 or Galaxy S7 Edge, or receive a full refund.

The plaintiffs in the case are Hannah Shaheen of Burlington, Ont., and Daniel Fuller, a Michigan resident in the process of moving to Burlington.

While returning from their honeymoon in the Turks and Caicos Islands, the couple says they were forced to destroy and discard their Note 7 phones because they had been banned from air transportation. They allege that in the process of destroying the devices, one caught fire.

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Because they had been forced to destroy the phones, Shaheen and Fuller lost all the personal information, photos, videos and contacts that were on the devices.

The couple says they have not received any compensation from the company or a replacement device.

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

"Canadians who owned these devices deserve to be properly compensated."

Samsung did not immediately respond to a request for comment.

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