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.
Between 2004 and 2015, 8 class action lawsuits were filed in connection with loans offered by The Cash Store, Instaloans and LoansAlberta Inc. across Canada. A Class Action Settlement has been reached. Please read this notice
Class Action Settlement has been reached. Please read this notice.
CLASS ACTION LAWSUITS WERE FILED
Between 2004 and 2015, 8 class action lawsuits were filed in connection with loans offered by The Cash Store, Instaloans and LoansAlberta Inc. across Canada. These lawsuits were filed against The Cash Store Financial Services Inc., and its subsidiaries ("CSF"), and a group of companies owned by or associated with DirectCash Payments Inc. (collectively "DirectCash") which provided a series of products and services in connection with the loans.
On September 29, 2015, Mr. Justice Hanssen of the Manitoba Court of Queen’s Bench approved a single class action that included all of the class members in all 8 actions (the "Class Action"). On October 14, 2015, Mr. Justice Hanssen added DirectCash as Defendants in the Class Action.
The Class Action claims that the defendants' loans had an unlawful structure and that members of the class were charged too much money for interest on their loans and for other fees on credit cards, debit cards, bank accounts, and for other items. Among other things, the Class Action asks the Court to order the improper fees and interest be returned to class members.
WHO IS INCLUDED
This settlement includes:
(a) all residents of Manitoba who, on or before December 2, 2008, borrowed a "payday" loan from Instaloans, or a "signature" or "title" loan from The Cash Store or Instaloans, where such loan has been repaid together with the standard "broker fee" charged by The Cash Store and Instaloans within 141 days of the loan advance, but excluding any loans that were the subject of a claim under the settlement reached in McCutcheon v. The Cash Store Inc. et al., Ontario Superior Court of Justice File No. 06-CV-319400CP00; and
(b) all persons who have borrowed a "payday loan", “signature loan”, "title loan" or any other from of short-term loan from The Cash Store or Instaloans, in Alberta, at any time prior to March 1, 2010, and in any other province, other than British Columbia, after December 2, 2008, where that loan has been repaid together with the standard "broker fee" charged by The Cash Store and Instaloans within 141 days of the loan advance, but excluding "payday loans" or "signature loans" or any other form of short-term loan not secured by an interest in property borrowed:
a. in Nova Scotia on or after August 1, 2009;
b. in Ontario on or after December 15, 2009;
c. in Manitoba on or after October 18, 2010;
d. in Saskatchewan on or after January 1, 2012
(c) All persons who borrowed a "Payday Loan”, or other form of short-term loan not secured by an interest in property, from The Cash Store or Instaloans or over the internet through Loansalberta Inc.:
a. in British Columbia on or after November 1, 2009;
b. in Alberta on or after March 1, 2010;
c. Saskatchewan on or after January 1, 2012; or
d. in Manitoba on or after October 18, 2010
Payday Loans borrowed in Ontario after September 1, 2011 are included in another settlement, details of which can be found at www.ontariocashstoresettlement.com.
CSF OBTAINS CCAA PROTECTION
On April 14, 2014, CSF became insolvent and obtained protection from its creditors under the Companies’ Creditors Arrangement Act ("CCAA") by order of the Ontario Superior Court of Justice (the "Ontario CCAA Court.") The CCAA protection extends to the directors and officers of CSF. CSF no longer operates and all of its assets were sold while it was under CCAA protection. Claims against it are now being managed by the Ontario CCAA Court under Canadian insolvency law.
SETTLEMENTS HAVE BEEN REACHED
Lawyers for class members ("Class Counsel") in the Class Action have created settlements with CSF, and its directors and officers, and DirectCash within the CCAA Proceedings. (collectively, "the Settling Defendants.")
The Settling Defendants together have agreed to pay over $5.8 million, plus a share of any future litigation recoveries by the Estate of CSF, to settle the Class Actions. In exchange, the litigation against them will end and they will be provided with a full release for all legal claims made against them (the "Settlements.")
The Settlements will be presented to the creditors of CSF in the CCAA proceedings at a creditors’ meeting. If the creditors approve the Settlements, it will be built into a CCAA Plan of Compromise to be put before the Ontario CCAA Court for approval on November 19, 2015. At that same time in a joint hearing, the Settlements will be put before the Manitoba Court of Queen’s Bench for approval of the Class Action.
If you wish to object to the approval of the Settlements, please send your written objection to Class Counsel at the contact particulars below by November 16, 2015. Class Counsel will make your objection known at the settlement approval motion. If you do not wish to object, you do not need to attend or take any other action at this time. Please do not contact the Courts with an objection —they cannot process it.
IF THE COURT APPROVALS ARE GRANTED
If the settlement is approved, a second hearing will be held before the Manitoba Court of Queen’s Bench to approve a plan to distribute the Settlement monies to class members (the "Settlement Distribution Plan") and Class Counsel’s legal fees. Notice of that hearing and of the proposed Settlement Distribution Plan will be posted on Class Counsel’s website at www.cashstorerefund.com at least 14 days prior to that hearing.
CLASS COUNSEL
If you have an objection or have any questions, contact Class Counsel or visit the settlement website:
Bennett Mounteer LLP
1400 – 128 West Pender Street
Vancouver, BC V6B 1R8
Tel: 1.604.639.3691/ Fax: 1.604.639.3681 cs@cashstorerefund.com www.cashstorerefund.com
LEGAL NOTICE AUTHORIZED BY THE ONTARIO SUPERIOR COURT OF JUSTICE AND THE SUPERIOR COURT OF QUEBEC
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 LLP and in Quebec by Consumer Law Group Inc. on behalf of all Canadians who purchased Lawn Mowers between January 1, 1994 and December 31, 2012 (the "Lawn Mowers Class Action Lawsuit").(1)
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 lawsuit alleges that the Defendants participated in an unlawful conspiracy to raise, fix, maintain or stabilize the price of lawn mowers in Canada; to unduly lessen competition in the production, manufacture, sale and/or supply of lawn mowers and lawn mower engines; and to conduct business contrary to the Competition Act and the Consumer Packaging and Labelling Act. As a result, it is alleged that class members paid more for lawn mowers than they would have, absent the conspiracy.
THE HONDA SETTLEMENT
A settlement has been reached with Honda, in which they have agreed to pay CDN $700,000.00 for the benefit of class members (the "Honda Settlement"). In exchange, the Honda Defendants will be provided with a full release of claims made against them. The Honda Defendants do not admit any wrongdoing or liability in relation to the Lawn Mowers Class Action Lawsuit.
The Lawn Mowers Class Action Lawsuit continues against all non-settling defendants.
PRIOR SETTLEMENTS
Two prior settlements have been reached and approved by the respective Courts in Ontario and Quebec. Under the terms of the first settlement, the MTD Defendants agreed to pay CDN $300,000.00 and to provide evidence to the plaintiffs to help them pursue the other defendants. The MTD settlement resolved the litigation against Sears. Under the terms of the second settlement, Briggs, Electrolux, John Deere, Husqvarna, Kohler, and Toro, agreed to pay CDN $4,200,000.00. Total settlements to date, including the Honda Settlement, are CDN $5,200,000.00.
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.
DISTRIBUTION OF SETTLEMENT FUNDS
As the litigation is ongoing against the non-settling defendants, there will be no distribution of settlement funds 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 monies, which will be held in an interest-bearing trust account and an efficient distribution will be made at an appropriate time. The Courts will approve when and to whom the settlement funds are distributed.
CERTIFICATION FOR SETTLEMENT PURPOSES
The Ontario Superior Court of Justice has certified the Ontario proceeding against the Honda Defendants for the purposes of the settlement approval. The plaintiffs will seek authorization of the Quebec proceeding in concert with the Settlement Approval Hearing in Quebec.
SETTLEMENT APPROVAL AND COUNSEL FEES
The Honda Settlement must be approved by the Ontario and Quebec Courts before it becomes effective. Hearings have been set for October 26, 2015 at 10:00am at 80 Dundas Street, London, Ontario and for October 27, 2015 at 9:30am at 1, Notre-Dame Street East, Montreal, Quebec, Room 2.08.
At these hearings, the Courts will determine whether the settlement is fair, reasonable, and in the best interests of the class members. 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 this settlement. The lawyers for the plaintiffs will be requesting that legal fees of up to 25% of the settlement reached with Honda plus disbursements and applicable taxes be approved by the Courts and paid out of the settlement funds (the "Fee Request").
If you do not oppose the proposed Honda Settlement, including the Fee Request, you do not need to appear at the hearing or take any other action.
If you wish to comment on or object to the Honda Settlement or the Fee Request, you must deliver a written submission to the address below by October 23, 2015. The lawyers will forward any submissions to the appropriate Court.
If the Honda Settlement is approved by the Courts in Ontario and Quebec, notice will be posted online at www.lawnmowersettlement.ca.
OPTING OUT OF THE PROCEEDINGS
The time for Class Members to opt-out of the Lawn Mowers Class Action Lawsuit has passed. The deadline to do so was September 17, 2013. If you did not previously opt-out, you are legally bound by the result of the Lawn Mowers Class Action, including the Honda Settlement Agreement.
MORE QUESTIONS
If you have any questions about the Lawn Mowers Class Action Lawsuit, visit www.lawnmowersettlement.ca or contact:
Harrison Pensa LLP
Attention: Jonathan J. Foreman
450 Talbot Street
London, ON N6A 4K3
Tel: 1.800.263.0489 ext. 759
Fax: 1.519.667.3362 lawnmowersettlement@harrisonpensa.com
(1) The Class Action was brought against the following defendants: Honda Canada Inc. and American Honda Motor Co. Inc. (collectively "Honda"); MTD Products Limited, MTD Products Inc. (collectively "MTD"); Sears Canada Inc., Sears Holdings Corporation, Sears, Roebuck and Co. (collectively "Sears"); Briggs & Stratton Canada Inc. and Briggs & Stratton Corp. (collectively "Briggs"); Electrolux Canada Corp. and Electrolux Home Products Inc. (collectively "Electrolux"); John Deere Canada ULC and Deere & Company (collectively "John Deere"); Husqvarna Canada Corp. and Husqvarna Consumer Outdoor Products N.A., Inc. (collectively "Husqvarna"); Kohler Canada Co. and Kohler Co. (collectively "Kohler"); The Toro Company (Canada), Inc. and The Toro Company (collectively "Toro"), Tecumseh Products of Canada Limited, Tecumseh Products Company, Platinum Equity, LLC (collectively "Tecumseh"); and Canadian Kawasaki Motors Inc. and Kawasaki Motors Corp., USA (collectively "Kawasaki.")
Did you take a payday loan from Cash Store or Instaloans in Ontario after September 1, 2011?
