LEGAL NOTICE AUTHORIZED BY THE ONTARIO SUPERIOR COURT OF JUSTICE AND THE SUPERIOR COURT OF QUÉBEC
If you purchased a lawn mower in Canada between
January 1, 1994 and December 31, 2012,
your legal rights could be affected.
LAWN MOWERS CLASS ACTION LAWSUIT
In 2010, class action lawsuits were initiated in Ontario by Harrison Pensa LLPand in Québec by Consumer Law Group Inc. on behalf of all Canadians who purchased Lawn Mowers between January 1, 1994 and December 31, 2012 (the “Class Actions”).
A “Lawn Mower” means a lawn mower designed, manufactured, or labeled by any of the Defendants for ultimate sale, including retail sale, in Canada, containing a gas-combustible engine labeled at 30 horsepower or less.
The Class Actions allege that the Defendants agreed to manipulate horsepower labelling on certain Lawn Mowers during the class period. The defendants deny the allegations and no manipulation of horsepower or horsepower labelling has been proven in court.
THE KAWASAKI AND TECUMSEH SETTLEMENTS
Settlements have been reached with Kawasaki and Tecumseh in which they have agreed to pay $785,000 and $1,550,000 respectively for the benefit of class members (the “Kawasaki Settlement” and the “Tecumseh Settlement”). Kawasaki and Tecumseh do not admit any wrongdoing or liability in relation to the Class Actions.
Prior settlements have been reached in the litigation with all other named defendants. Those settlements are valued at $5.2 million and have been approved by previous orders of the court. With the Kawasaki and Tecumseh Settlements, the total settlements are $7,535,000.
The net settlement funds from the previous settlements, less Court-approved fees, disbursements, notice costs, and applicable taxes, are being held in an interest-bearing trust account for the benefit of all class members.
PAYMENT OF SETTLEMENT FUNDS
A plan of distribution to pay the settlement funds to Class Members must now be approved by the Courts. The proposed Distribution Protocol can be found at www.lawnmowersettlement.ca.
COURT APPROVALS
The Ontario Superior Court of Justice and the Superior Court of Justice of Quebec have certified/ authorized the Class Actions against Kawasaki and Tecumseh for the purposes of the settlement approval.
The Kawasaki and Tecumseh Settlements must be approved by the Ontario and Québec Courts before they become effective. The proposed plan for distributing the settlement funds to Class Members must also be approved by the Courts.
Hearings have been set for October 25, 2018 at10 a.m. at 4 Wellington Street, St. Thomas, Ontario and for October 31, 2018 at 2:15 p.m. in room 15.07 at 1 Notre-Dame Street East, Montréal, Québec. See www.lawnmowersettlement.ca for more information.
The Courts will also determine what fees and expenses, plus applicable taxes, will be paid to the lawyers for the plaintiffs as a result of the settlements. The lawyers for the plaintiffs will ask the Courts to approve legal fees of up to 30% of the Kawasaki and Tecumseh Settlements plus disbursements and applicable taxes to be paid out of the settlement funds (the “Fee Request”).
If you wish to comment on or object to the Kawasaki or Tecumseh Settlements, the Distribution Protocol, or the Fee Request, you must deliver a written submission to the address below by October 22, 2018. The lawyerswill forward any submissions to the appropriate Court.
If you do not wish to object or comment on the Settlements, Distribution Protocol, or Fee Request, you do not need to take any action at this time.
OPTING OUT OF THE CLASS ACTIONS
The court-ordered deadline for Class Members to opt out of the Class Actions was September 17, 2013. If you did not previously opt out, you are legally bound by the result of the Class Actions, including the Settlement Agreements and the Distribution Protocol.
MORE QUESTIONS
If you have any questions about the Class Actions or to review the Settlements, Distribution Protocol, and Fee Request, visit www.lawnmowersettlement.ca or contact:
Did you purchase film capacitors or a product containing a film capacitor, such as a smartphone or a television, between January 1, 2002 and December 31, 2014 in Canada? If so, your legal rights could be affected.
LEGAL NOTICE AUTHORIZED BY THE ONTARIO SUPERIOR COURT OF JUSTICE, THE SUPREME COURT OF BRITISH COLUMBIA AND THE SUPERIOR COURT OF QUÉBEC
FILM CAPACITOR CLASS ACTIONS
Did you purchase film capacitors or a product containing a film capacitor, such as a smartphone or a television, between January 1, 2002 and December 31, 2014 in Canada? If so, your legal rights could be affected.
WHAT ARE THE CLASS ACTIONS ABOUT?
A “film capacitor” is an electronic component used in an electrical circuit in order to store a charge. Film capacitors are found in electronics like smartphones, gaming consoles, home appliances, and televisions, among other products.
Class proceedings have been initiated in Canada, on behalf of Canadians who purchased film capacitors or products containing film capacitors between January 1, 2002 and December 31, 2014 (the “Settlement Class Members”). Among other allegations, the proceedings allege that the defendants participated in an unlawful conspiracy to fix, raise, maintain, increase, or control the price for film capacitors in Canada (“Class Actions”).
FILM CAPACITOR SETTLEMENTS
Settlement agreements have been reached with the defendant Nitsuko Electronics Corporation (“Nitsuko”) and with the defendants Okaya Electric Industries Co., Ltd. and Okaya Electric America, Inc. (“Okaya”).
Nitsuko and Okaya have agreed to pay respectively USD$190,000.00 and CAD $460,000.00 for the benefit of Settlement Class Members. Both will provide co-operation to the plaintiffs in pursuing their claims against the non-settling defendants. In exchange, they will be provided with a full release of the claims against them in relation to the Class Actions. The settlements are not an admission of liability, fault or wrongdoing, but are a compromise of disputed claims.
Nitsuko and Okaya had a small share of the relevant film capacitor market during the class period. The litigation continues against 36 other non-settling defendants.
SETTLEMENT APPROVAL HEARINGS
The settlements must be approved by the courts before they become effective. Hearings are to take place at the Ontario Superior Court of Justice on November 5, 2018 at 10 am, at 80 Dundas Street, London, Ontario, at the Superior Court of Québec on December 3, 2018 at 9:30am am, at 1, rue Notre-Dame Est, Montréal, Québec, and at the Supreme Court of British Columbia on a date and time to be determined by the court [which will be posted at film.capacitorclassaction.ca, once determined] at 800 Smithe Street, Vancouver, British Columbia.
DISTRIBUTION OF SETTLEMENT FUNDS
The settlement amounts, minus class counsel fees, disbursements and applicable taxes, will be held in an interest bearing trust account for the benefit of the Settlement Class Members in the Class Actions (the “Settlement Funds”).
The Settlement Funds will not be distributed to Settlement Class Members at this time. The continuing litigation may or may not result in further settlements or judgments. If there is further recovery, it will be added to the Settlement Funds and an efficient distribution to Settlement Class Members will be made at an appropriate time. The Courts will approve the distribution process. A further notice will be provided at the time of distribution.
SETTLEMENT APPROVAL AND COUNSEL FEES
At the Settlement Approval hearings, the Courts will determine whether the settlements are fair, reasonable, and in the best interests of Settlement Class Members. Class counsel will be requesting Court approval of fees of 25 percent of the settlement amounts plus disbursements and applicable taxes. If approved, this amount will be paid to the lawyers out of settlement amounts.
If you do not oppose the proposed settlement agreements, you do not need to appear at the hearings or take any other action at this time.
If you wish to comment on or object to the settlement agreements, you must deliver a written submission to one of the law firms listed below by October 24, 2018 at the latest. The lawyers will forward any submissions to the appropriate Court.
OPTING OUT OF THE PROCEEDINGS
Settlement Class Members have the right to exclude themselves from the class actions ("opt-out").
If you opt-out, you will not be eligible to participate in, or receive money from, the ongoing Class Actions, but you will be able to start or continue your own case regarding the claims at issue.
If you do nothing, you will be eligible to participate in, and may receive money from, the ongoing Class Actions, but you will not be able to start or continue your own case regarding the claims at issue.
If you do not want to be a class member in the Class Actions, your opt-out must be received by October 24, 2018 at the latest. To opt-out, please visit film.capacitorclassaction.ca or contact: RicePoint Administration Inc. (support@ricepoint.com or 1-866- 432-5534).
If the settlements are approved, you will not have another opportunity to opt-out of these actions in the future.The certification/authorization orders and the associated opt-out process are only valid if the settlements are approved. If the settlements are not approved or if they otherwise fail to take effect, the certification/authorization order will not stand and any opt-out notice submitted by any person will be set aside, and the litigation will continue against Okaya and Nitsuko. If a certification/authorization order is granted by the court in the future, an opt out process will take place at that time.
Did you purchase electrolytic capacitors or an electronic device containing an electrolytic capacitor between September 1, 1997 and December 31, 2014 in Canada? If so, your legal rights could be affected.
LEGAL NOTICE AUTHORIZED BY THE ONTARIO SUPERIOR COURT OF JUSTICE, THE SUPREME COURT OF BRITISH COLUMBIA AND THE SUPERIOR COURT OF QUÉBEC
ELECTROLYTIC CAPACITOR CLASS ACTIONS
Did you purchase electrolytic capacitors or an electronic device containing an electrolytic capacitor between September 1, 1997 and December 31, 2014 in Canada? If so, your legal rights could be affected.
WHAT ARE THE CLASS ACTIONS ABOUT?
An “electrolytic capacitor” is an electronic component used in an electrical circuit in order to store a charge. Electrolytic capacitors are found in electronics like smartphones, gaming consoles, home appliances and televisions, among other products.
Class proceedings have been initiated in Canada, on behalf of Canadians who purchased electrolytic capacitors or products containing electrolytic capacitors between September 1, 1997 and December 31, 2014 (the “Settlement Class Members”). Among other allegations, the proceedings allege that the defendants participated in an unlawful conspiracy to fix, raise, maintain, increase, or control the price for electrolytic capacitors in Canada (the “Class Actions”).
ELECTROLYTIC CAPACITOR SETTLEMENT
A Settlement Agreement has been reached with the defendants NEC TOKIN Corporation and NEC TOKIN America Inc. (collectively “TOKIN”).
The TOKIN defendants are the first to enter into a settlement for these Class Actions. The Class Actions will continue against over 30 other named defendants. During the Class Period, TOKIN had a small share of the global electrolytic capacitors market in the range of 3-6%.
TOKIN has agreed to pay CAD $2,900,000 for the benefit of Settlement Class Members and to provide meaningful early co- operation to the plaintiffs in pursuing their claims against the non- settling defendants. In exchange, TOKIN will be provided with a full release of the claims against them in relation to the Class Actions. The settlement, which was negotiated over more than a year, is not an admission of liability, fault, or wrongdoing, but is a compromise of disputed claims.
SETTLEMENT APPROVAL HEARINGS
The settlement must be approved by the courts before it becomes effective. Hearings are to take place at the Ontario Superior Court of Justice on November 5, 2018 at 10 am, at 80 Dundas Street, London, Ontario, at the Superior Court of Québec on December 3, 2018 at 9:30am am, at 1, rue Notre-Dame Est, Montréal, Québec, and at the Supreme Court of British Columbia on a date and time to be determined by the court [which will be posted at elec.capacitorclassaction.ca, once determined] at 800 Smithe Street, Vancouver, British Columbia.
DISTRIBUTION OF SETTLEMENT FUNDS
The settlement amount, minus class counsel fees, disbursements and applicable taxes, will be held in an interest-bearing trust account for the benefit of the Settlement Class Members in the Class Actions (the “Settlement Funds”).
The Settlement Funds will not be distributed to Settlement Class Members at this time. The continuing litigation may or may not result in further settlements or judgments. If there is a further recovery, it will be added to the Settlement Funds and an efficient distribution to Settlement Class Members will be made at an appropriate time. The courts will approve the distribution process. A further notice will be provided at the time of distribution.
SETTLEMENT APPROVAL AND COUNSEL FEES
At the Settlement Approval Hearings, the courts will determine whether the settlement is fair, reasonable, and in the best interests of Settlement Class Members. Class counsel will be requesting court approval of fees of 25 percent of the settlement amounts plus disbursements and applicable taxes. If approved, this amount will be paid to the lawyers out of the Settlement Funds.
If you do not oppose the proposed settlement agreement, you do not need to appear at the hearings or take any other action at this time.
If you wish to comment on or object to the settlement agreement, you must deliver a written submission to one of the law firms listed below by October 24, 2018 at the latest. The lawyers will forward any submissions to the appropriate court. If you have any questions about the settlement agreement, you are encouraged to contact one of the law firms listed below, who will respond to your questions.
OPTING OUT OF THE PROCEEDINGS
Settlement Class Members have the right to exclude themselves from the Class Actions (“opt-out”).
If you opt-out, you will not be eligible to participate in, or receive money from, the ongoing Class Actions, but you will be able to start or continue your own case regarding the claims at issue.
If you do nothing, you will be eligible to participate in, and may receive money from, the ongoing Class Action, but you will not be able to start or continue your own case regarding the claims at issue.
If you do not want to be a class member in the Class Actions, your opt-out must be received by October 24, 2018 at the latest. To opt- out, please visit elec.capacitorclassaction.ca or contact: RicePoint Administration Inc. (support@ricepoint.com or 1-866-432-5534).
If the settlement is approved, you will not have another opportunity to opt-out of the Class Actions in the future. The certification/authorization order and the associated opt-out process are only valid if the settlement is approved. If the settlement is not approved or if it otherwise fails to take effect, the certification/authorization order will not stand and any opt-out notice submitted by any person will be set aside, and the litigation will continue against TOKIN.
If a certification/authorization order is granted by the court in the future, an opt out process will take place at that time.
In 2013, class proceedings were initiated in Ontario by Harrison Pensa, in British Columbia by Camp Fiorante Matthews Mogerman and in Québec by Belleau Lapointe, s.e.n.c.r.l. on behalf of Canadians who purchased Vehicle Carrier Services, or purchased or leased a new Vehicle transported by RoRo between February 1, 1997 and December 31, 2012. A Settlement Agreement has been reached with CSAV which is one of 20 defendants involved in this litigation.
Did you pay to ship a car or other vehicle or equipment on wheels from an overseas location to Canada between February 1, 1997 and December 31, 2012? Your legal rights could be affected.
WHAT IS THIS CLASS ACTION ABOUT?
In 2013, class proceedings were initiated in Ontario by Harrison Pensa, in British Columbia by Camp Fiorante Matthews Mogerman and in Québec by Belleau Lapointe, s.e.n.c.r.l. (collectively “Class Counsel”) on behalf of Canadians who purchased Vehicle Carrier Services, or purchased or leased a new Vehicle transported by RoRo between February 1, 1997 and December 31, 2012 (the “Vehicle Carrier Services Class Action”)1. “Vehicle Carrier Services” means paid international ocean shipping services via roll on/roll off vessels (“RoRo”) of cargo, such as new and used cars and trucks, as well as agricultural, construction and mining equipment (collectively, “Vehicles”). A “RoRo” is a type of ocean vessel that allows wheeled vehicles to be driven on and off the vessel and parked on its decks for ocean transport. It is alleged that among other things, customers were overcharged for Vehicle Carrier Services as the defendants participated in an unlawful conspiracy to fix, raise, maintain, increase, or control the price for Vehicle Carrier Services. SETTLEMENT WITH COMPANIA SUD AMERICANA DE VAPORES S.A. (“CSAV”)
A Settlement Agreement has been reached with CSAV which is one of 20 defendants involved in this litigation. CSAV has agreed to pay CAD $450,000.00 for the benefit of Settlement Class Members and to provide co-operation to the Plaintiffs in pursuing their claims against the non-settling defendants. This cooperation includes information provided to the United States Department of Justice. CSAV has also committed to making available an employee with relevant knowledge, within certain constraints.
In exchange, CSAV and related entities will be provided with a full release of claims against them in relation to Vehicle Carrier Services. CSAV does not admit any wrongdoing in connection with the case and it had no direct sales of its services into Canada during the relevant time.
The litigation continues against the non-settling defendants. DISTRIBUTION OF SETTLEMENT FUNDS
The settlement amount, net of notice costs, Class Counsel fees, disbursements and applicable taxes will be held in an interest bearing trust account for the benefit of the Settlement Class Members (the “Settlement Fund”).
The Settlement Fund will not be distributed to Class Members at this time. The continuing litigation may or may not result in further settlements or judgments. If there is a further recovery, it will be added to the present settlement amount and an efficient distribution will be made at an appropriate time. The Courts will approve the distribution process. CERTIFICATION FOR SETTLEMENT PURPOSES
The Proceedings have been certified against the Settling Defendant for the purposes of the settlement approval.
SETTLEMENT APPROVAL AND COUNSEL FEES
The settlement must be approved by the Courts before it becomes effective. Hearings are to take place at the Ontario Superior Court of Justice on May 29, 2017 at 9:30 am at 80 Dundas Street, London, Ontario, at the Supreme Court of British Columbia on June 7, 2017 at 9:00 am at 800 Smithe Street, Vancouver, British Columbia and at the Superior Court of Québec on May 16, 2017 at 12:00 pm at 1,rue Notre-Dame Est, Montréal, Québec. At these hearings, the Courts will determine whether the settlement is fair, reasonable and in the best interests of the class members. The lawyers for the Plaintiffs will also be requesting that legal fees of up to 25 percent of the settlement funds plus disbursements and applicable taxes be approved by the Courts and paid out of the settlement funds.
If you do not oppose the proposed Settlement Agreement, you do not need to appear at the hearing or take any other action at this time.
If you wish to comment on or object to the Settlement Agreement, you must deliver a written submission to the appropriate lawyer below by May 1, 2017. The lawyer will forward any submissions to the appropriate Court.
If the Settlement Agreement is approved by the Courts further notices will be posted online at www.roroclassaction.com and www.actioncollectiveroro.com. OPTING OUT OF THE PROCEEDINGS
If you want to participate as a class member, you do not need to do anything at this time. You will be able to participate in the case and you will be legally bound by the result of the Vehicle Carrier Services Class Action. If you do not opt-out, you will be bound by any Settlement Agreement approved by the Court and may not opt-out of this action in the future.
If you do not want to be a class member for the Vehicle Carrier Services Class Action, you must opt-out by May 10, 2017. To opt-out please send a signed written election to opt-out by pre- paid mail, courier, fax or email to RicePoint Administration Inc. (support@ricepoint.com, 1 (866) 432-5534) or the appropriate Class Counsel. The election should include (a) your full name and current address and (b) a statement indicating you wish to be excluded from the proceedings. Harrison Pensa LLP
Tel: 1.800.263.0489 ext. 759
roroclassaction@harrisonpensa.com Belleau Lapointe LLP
Tel: 1.888.987.6701
info@belleaulapointe.com Camp Fiorante Matthews Mogerman
Tel: 1.800.689.2322
info@cfmlawyers.ca
If you opt-out you will not be able to participate in the Settlement or any future Settlement or Judgment. You cannot opt back in at a later date. You may be able to bring your own lawsuit at your own expense. MORE INFORMATION www.roroclassaction.com and www.actioncollectiveroro.com.
1The class proceedings were brought against the following defendants: Nippon Yusen Kabushiki Kaisha, NYK Line (North America) Inc., NYK Line (Canada), Inc., Mitsui O.S.K. Lines, Ltd., Mitsui O.S.K. Bulk Shipping (U.S.A.), Inc., Kawasaki Kisen Kaisha, Ltd., “K” Line America, Inc., EUKOR Vehicle Car Carriers, Inc., Wilh. Wilhelmsen Holding ASA, Wilh. Wilhelmsen ASA, Wallenius Lines AB, Wallenius Wilhelmsen Logistics Americas, LLC, Wallenius Wilhelmsen Logistics AS, WWL Vehicle Services Canada Ltd., Compania Sud Americana De Vapores S.A., Nissan Motor Car Carrier Co., Ltd., World Logistics Service (USA) Inc., CSAV Agency North America, LLC, Höegh Autoliners AS, and Höegh Autoliners, Inc.
Class action lawsuits were filed on behalf of Borrowers who took loans from Cash Store or Instaloans in Ontario after September 1, 2011. Borrowers are now able to request settlement money.
Class action lawsuits were filed on behalf of Borrowers who took loans from Cash Store or Instaloans in Ontario after September 1, 2011. The lawsuits say that Cash Store and Instaloans Ontario payday loans had an unlawful structure and that Borrowers were charged too much money on their payday loans.
Borrowers are now able to request settlement money.
WHO CAN REQUEST MONEY?
You should complete a simple Request Form if you took a payday loan, including a “line of credit”, at an Ontario location of Cash Store or Instaloans on or after September 1, 2011.
Borrowers can get a minimum of $50, depending on claims volumes, and possibly more. The process is easy, flexible, and costs nothing. It has been designed so that you should not need documents to make a request for money.
Cash Store and others have provided Borrowers’ contact information and information on their loans as part of the settlements. The Court has approved the sharing of that information to help Borrowers get money.
Any information you provide will only be used to help you in the process. It will not be shared with any debt collectors or anyone else.
After you submit your request, it will be reviewed for accuracy by the Claims Administrator. Go to: www.TakeBackYourCash.com for more information.
HOW MUCH MONEY CAN I GET?
You will receive a minimum of $50, subject to claims volumes, but you may be entitled to more money.
Collect what is owed to you now by completing the form online at www.TakeBackYourCash.com.
DOES IT COST ANYTHING TO REQUEST A PAYMENT?
No, it costs absolutely nothing to request a payment.
I HAVE MORE QUESTIONS. WHO CAN I TALK TO?
You can email or call RicePoint Administration Inc., who manages the claims process, at:
This opportunity is a result of class action lawsuits started by an Ontario law firm, Harrison Pensa LLP. You can email them at cashstore@harrisonpensa.com or call them at 1-800-263-0489, ext. 608.
Des recours collectifs ont été intentés au nom des Emprunteurs qui ont contracté en Ontario des emprunts auprès de The Cash Store ou d’Instaloans après le 1er septembre 2011. Aux termes des recours collectifs, il est allégué que la structure des prêts sur salaire accordés en Ontario par The Cash Store et Instaloans était illégale et que les Emprunteurs ont dû payer des frais trop élevés à l’égard de leurs emprunts sur salaire.
Les Emprunteurs peuvent maintenant présenter une réclamation.
QUI PEUT PRÉSENTER UNE RÉCLAMATION?
Vous devriez remplir un formulaire de réclamation simple si vous avez obtenu un prêt sur salaire, y compris une « marge de crédit », dans un établissement ontarien de The Cash Store ou d’Instaloans le 1er septembre 2011 ou après cette date.
COMMENT PUIS-JE OBTENIR UNE INDEMNITÉ?
Vous devez vous rendre sur le site www.reprendretonargent.com et remplir le formulaire simple avant le 31 octobre 2016.
Les Emprunteurs pourront recevoir au moins 50 $, selon le volume de réclamations, et peut-être plus. La procédure de réclamation est simple et souple et ne vous coûte rien. La procédure est telle que vous ne devriez pas avoir besoin de documents pour présenter votre réclamation.
The Cash Store et d’autres tiers ont fourni les coordonnées d’Emprunteurs et de l’information sur leurs prêts dans le cadre des règlements. La Cour a approuvé la communication de ces renseignements afin d’aider les Emprunteurs à obtenir leur indemnité.
Les renseignements que vous fournirez seront utilisés uniquement pour vous aider dans le processus de réclamation. Ils ne seront communiqués à aucun agent de recouvrement ni à aucune autre personne.
Une fois soumise, votre demande sera examinée par l’Administrateur des réclamations, qui en assurera l’exactitude. Pour obtenir de plus amples renseignements, rendez-vous sur le site www.reprendretonargent.com.
QUELLE INDEMNITÉ VAIS-JE RECEVOIR?
Vous recevrez au moins 50 $ et peut-être plus, selon le volume de réclamations.
Réclamez l’argent qui vous est dû dès maintenant en remplissant le formulaire en ligne au www.reprendretonargent.com.
Y A-T-IL DES FRAIS POUR PRÉSENTER UNE RÉCLAMATION?
Non, cela ne vous coûte absolument rien.
À QUI PUIS-JE M’ADRESSER SI J’AI D’AUTRES QUESTIONS?
Vous pouvez communiquer par courriel ou par téléphone avec RicePoint Administration Inc., gestionnaire du processus de réclamation, à l’adresse ou au numéro suivants :
Le présent avis s’inscrit dans le cadre du règlement des recours collectifs intentés par le cabinet d’avocats ontarien Harrison Pensa LLP. Pour communiquer avec ce cabinet, vous pouvez envoyer un courriel à cashstore@harrisonpensa.com ou composer le 1 800 263 0489, poste 608.
Did you take a payday loan from Cash Store or Instaloans in Ontario after September 1, 2011?
