Certification Granted and Proposed Settlement Reached in Canadian Parking Heaters Class Action

CFM Lawyers LLP, Foreman & Company and Belleau Lapointe, s.e.n.c.r.l. are  pleased to announce that certification has been granted and a proposed settlement has been reached in the Canadian Parking Heaters Class Action.

A Parking Heater is a component used in commercial vehicles to warm the engine and cabin in lieu of idling the vehicle. A Parking Heater is defined in the lawsuit to mean a parking heater, accessories and parts sold for use with heaters, packages containing heaters and accessories and/or parts for parking heaters that were manufactured or sold by the Defendants for use in a commercial vehicle during September 13, 2001 and December 31, 2012.

The case has been certified on behalf of Canadians, excluding residents of Québec, who purchased a parking heater or purchased, leased or sub-leased a vehicle containing a parking heater between September 13, 2001 and December 31, 2012 (“Class Members”).

A separate lawsuit was initiated in Québec on behalf of Québec residents who purchased a parking heater or purchased, leased or sub-leased a vehicle containing a parking heater during the same Class Period (the “Québec Action”). The Québec Action has been authorized (certified) by the Québec Court and the opt-out period for the Québec Action has expired.

A proposed settlement has also been reached with the individual defendant Volker Hohensee. Mr. Hohensee is a former executive of one of the defendants. He has agreed to provide the plaintiff with early cooperation and evidence in respect of the alleged conspiracy by the remaining defendants. In exchange, Mr. Hohensee will be provided with a release of the claims against him. The settlement is not an admission by Mr. Hohensee of liability, fault, or wrongdoing, but is a compromise of the disputed claims.

The settlement must be approved by the Court before it becomes effective. The settlement approval hearing will take place at the Ontario Superior Court of Justice on April 29, 2021, at 9:00 a.m. EDT.  It is currently anticipated that the hearing will be conducted virtually by Zoom.

If you wish to comment on or object to the settlement agreement, you must deliver a written submission to Class Counsel at the contact information listed below by April 19, 2021.

If you do not want to be a Class Member in the class action, your opt-out must be received by April 5, 2021, at the latest.  For complete instructions on how to opt-out, please see the Long-Form Notice, available, here.

For more information about the case, including the certification orders, the settlement agreement, the court-approved notices, the upcoming settlement approval hearing, and the rights of Class Members, please click here.

COURT DOCUMENTS

• Long-Form Notice
• Short-Form Notice
• Order of Raikes J. – Motion for Certification for Settlement Purposes – December 18, 2020
• Order of Raikes J. – Motion for Certification (Espar & Webasto) – December 14, 2020
• Amending Letter Agreement – Settlement with Volker Hohensee – October 20, 2020
• Settlement Agreement Reached with Volker Hohensee – December 6, 2017

CLASS COUNSEL

Class Members in Canada, excluding Québec, are represented by CFM Lawyers LLP:

Mailing Address:
CFM Lawyer LLP
#400 – 856 Homer Street
Vancouver, BC V6B 2W5

Email: [email protected]

And by Foreman & Company:

Email:[email protected]

Phone: Anni Barry – 519.914.1175 x 107

Mailing Address:
Foreman & Company
4 Covent Market Pl
London, ON N6A 1E2

Class Members in Québec are represented by Belleau Lapointe s.e.n.c.r.l.:

Email:[email protected]

Mailing Address:
Belleau Lapointe s.e.n.c.r.l.
300, Place d’Youville
Office B-10
Montreal, Québec H2Y 2B6

Parking Heaters Price Fixing - Status Updates:

Certification Granted and Proposed Settlement Reached in Canadian Parking Heaters Class Action - View