A class action was commenced in Ontario on behalf of residents of Canada who used coin counting machines at The Toronto Dominion Bank (“TD Bank”) alleging that the machines did not properly count the deposited coins. A settlement of the class action has been reached with TD Bank for $555,000. The settlement is subject to court approval. The settlement is not an admission of liability, fault, or wrongdoing.
If so, you might be affected by a class action settlement.
THE CLASS ACTION
A class action was commenced in Ontario on behalf of residents of Canada who used coin counting machines at The Toronto Dominion Bank (“TD Bank”) alleging that the machines did not properly count the deposited coins.
THE SETTLEMENT
A settlement of the class action has been reached with TD Bank for $555,000.
The settlement is subject to court approval. The settlement is not an admission of liability, fault, or wrongdoing.
SETTLEMENT CLASS MEMEBRS
You may be a member of the settlement class if you used a coin counting machine at TD Bank between January 1, 2013 and May 25, 2016.
OPTING OUT
Settlement class members have the right to exclude themselves from the class action (“opt-out”). If you opt-out you will not be eligible to participate in, or receive money from, the ongoing class action, 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 wish to opt-out, you must submit a request to opt-out post-marked no later than April 5, 2019.
DISTRIBUTION PROTOCOL
The settlement funds will be disseminated to settlement class members according to a distribution protocol. The distribution protocol requires court approval.
SETTLEMENT, DISTRIBUTION PROTOCOL AND FEE APPROVAL HEARINGS
Hearings to consider approval of the settlement, distribution protocol and class counsel’s fee request of 33% of the settlement, plus disbursements and applicable taxes, will be heard by the Ontario Court in the City of Kitchener on April 15, 2019.
You may express your views on the proposed settlements or class counsel’s fee request to the Courts. If you wish to do so you must act by April 5, 2019.
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, you may now make a claim for money
LAWN MOWERS CLASS ACTION LAWSUIT
In 2010, class action lawsuits were initiated in Ontario by Harrison Pensa LLP and 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 labelled by any of the Defendants for ultimate sale, including retail sale, in Canada, containing a gas-combustible engine labelled 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 labelling has been proven in court.
THE SETTLEMENTS
Settlements have been reached with all defendants in this case totalling $7,535,000 (collectively, the "Settlements"). The Settlements have been approved by the courts in Ontario and Québec.
Pursuant to previous Orders of the courts, the deadline for class members to opt out of the lawn mowers class action was September 17, 2013. If you did not previously opt out, you are eligible to make a claim and are legally bound by the results of the Class Actions.
The settlement funds, less court-approved fees, disbursements, notice costs, and applicable taxes (the "Net Settlement Amount"), are being held in an interest-bearing trust account for the benefit of all class members.
HOW DO I MAKE A CLAIM FOR SETTLEMENT FUNDS?
All class members who wish to make a claim for compensation under the Settlements must submit a claim no later than May 22, 2019. Claims that are not made by the deadline will not be eligible for compensation.
Class members are asked to provide the best information they have regarding their Lawn Mower purchase(s). The Claims Administration rules provide for flexible evaluation of acceptable documentation. Even a declaration without further proof may qualify for cash compensation. Compensation under the Distribution Protocol increases with proof of purchase or proof of the horsepower rating of the Lawn Mower.
Claims must be submitted online through the claims portal at www.lawnmowersettlement.ca. If you are unable to make an online claim, a paper claim form can be requested.
Upstream Purchasers (retailers, wholesalers, etc. who purchased Lawn Mowers for resale) are entitled to claim a share of the settlement recoveries. 20% of the Net Settlement Amount has been allocated to an Upstream Purchasers’ Fund. Proportionate payments to eligible claimants will be made from the Upstream Purchaser Fund based on their eligible Lawn Mower purchase(s) and their corresponding horsepower ratings. For a full explanation of the calculation for Upstream Purchasers, see the Distribution Protocol.
End Users (individuals or businesses who purchased Lawn Mowers for their own use) will fall into one of the following categories based on the information they provide:
1. End Users Providing a Declaration without Further Proof – Those who provide a declaration of the basic required information regarding their Lawn Mower purchase(s) without any documentary proof will be entitled to $15 per claimant.
2. End Users Providing Proof – Those who provide proof of purchase or proof of the horsepower rating regarding their Lawn Mower(s) will receive the following, per Lawn Mower:
$15 – Any Lawn Mower with proof of purchase but without proof of horsepower rating
$20 – Any walk-behind Lawn Mower with proof of horsepower rating of under 5 horsepower
$35 – Any walk-behind Lawn Mower with proof of horsepower rating of 5 horsepower or more
$45 – Any riding Lawn Mower with proof of horsepower rating of under 18 horsepower
$55 – Any riding Lawn Mower with proof of horsepower rating of 18 horsepower or more
The amounts set out above are subject to potential proration, up or down, depending on claims rates. Under the Distribution Protocol, the Claims Administrator also has the discretion to evaluate proof for claims that reflect an exceptional circumstance.
MORE QUESTIONS
If you have any questions about the Class Actions or the claims process, visit www.lawnmowersettlement.ca or contact the Claims Administrator or Class Counsel:
Lawn Mower Horsepower Labelling Class Action c/o RicePoint Administration Inc.
P.O. Box 4454,
Toronto Station A
25 The Esplanade
Toronto, ON M5W 4B1
Tel: 1.866.479.7494
E-mail: lawnmowers@ricepoint.com
Harrison Pensa LLP
Attention: Jonathan J. Foreman
450 Talbot Street
London, ON N6A 5J6
Tel: 1.800.263.0489 ext. 583
Fax: 1.519.667.3362
E-mail: lawnmowersettlement@harrisonpensa.com
Consumer Law Group Inc.
Attention: Jeff Orenstein
1030 rue Berri, Suite 102
Montreal, QC H2L 4C3
Tel: 1.514.266.7863 ext. 2
Fax: 1.514.868.9690
E-mail: info@clg.org
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.
