Capacitors Class Actions

On December 15, 2021, the BC Supreme Court certified the Electrolytic Capacitors action against ELNA and Holy Stone.

Optical Disc Drive Price Fixing

The British Columbia ODD class action has been certified for settlement purposes as against the Quanta, BenQ and Pioneer Defendants.

Lithium Ion Rechargeable Batteries Claims Process

The deadline to make a claim in this Class Action has now passed. Please check www.batteriessettlement.ca for regular updates on the expected timing of the payments.

Hearings Scheduled for Lytton Fire Class Action

Hearing dates have been set for two important steps in the Lytton Fire class action. Since the lawsuit was filed by CFM Lawyers and Gratl & Company in August 2021, an overlapping claim was filed by a different legal team. A full-day hearing before Chief Justice Hinkson of the BC Supreme Court has now been set for January 12, 2022, to determine which of the two proposed lawsuits should go forward.

Meanwhile, the team from CFM Lawyers and Gratl & Company is working on the next phase of the lawsuit—certifying the claim as a class action. The certification application is an early step in every class action, in which the plaintiff asks the court to allow the case to proceed as a class action. While certification is not a judgement on the merits of the case, it is a crucial step toward resolution of the case. As such, it is typically fiercely contested by defendants and requires the plaintiff to present legal arguments and evidence from witnesses and experts.

The certification hearing is set for five days at the BC Supreme Court: October 17-21, 2022.

For more information, including about attending the hearings, please contact Mallory Hogan ([email protected]) or Faye Panis Nicolas ([email protected]).

Revolution Resource Recovery Inc. Class Action Certification

On October 22, 2021 the BC Court certified a class proceeding against the defendant Revolution Resource Recovery Inc. The class action alleges that Revolution charged its customers a uniform 18% surcharge called the “Government Surcharge/Material Ban” that bears no relation to any fine, surcharge or levy incurred by Revolution in the course of providing services to the customer, and that by doing so it breached its contracts with its customers.

The class action also alleges that certain terms in Revolution’s customer service agreements are void or unenforceable because they restrict the ability of the class to cancel their contracts or use other waste management service providers.

Glucosamine Class Action: Certification

On November 1, 2021, the Court certified the Glucosamine action against the defendant Jamieson in addition to the defendants, WN and Natural Factors (the case for certified on July 16, 2021).

Credit Card Class Action: Updated Distribution Plan

Updates have been made to the distribution plan after consultation with merchants. Changes made since the initial Distribution plan was posted on October 7, 2021 are currently being considered by class counsel.

Autoparts Class Action: Settlement Updates

Autolights Action

A settlement has been reached in the autolights action with the Stanley group of defendants.

The settlement is subject to court approval in Ontario, British Columbia and Quebec.

The Ontario Court approved this settlement on October 28. The Quebec Court will hold a hearing to decide whether to approve this settlement virtually on November 10.

The British Columbia Supreme Court hearing to approve this settlement will proceed virtually via Microsoft Teams before Mr. Justice Basran at 9:00am on November 23, 2021.  If you wish to attend the hearing please contact Aisling Slevin at [email protected] for more details.

The settlement funds (plus interest, less court-approved fees and expenses) are being held in trust for the benefit of settlement class members.

The links below will redirect you to the long form notice which outline the nature of the settlement.

• Long Form Notice for October 2021 Settlements (English) (French)

Electronic Throttle Bodies Action

Settlements have been reached with all defendants in the Ontario Electronic Throttle Bodies action. The proposed protocol for distributing the settlement funds is subject to Court approval in Ontario.

The motion to approve the proposed Distribution Protocol was heard virtually in Ontario on October 28, 2021.

A copy of the proposed Distribution Protocol can be found in the link below.

• Electronic Throttle Bodies – Proposed Distribution Protocol

Credit Card Actions Certified for Settlement

The Credit Card Actions have been certified for settlement as against Royal Bank of Canada, The Toronto-Dominion Bank, Canadian Imperial Bank of Commerce, Bank of Montreal and The Bank of Nova Scotia. The settlement approval hearing will take place by video link as directed by the Courts  on December 6, 2021.

Microsoft Class Action- Your Old Software Owes You Money

The deadline for volume licensee claims is October 23, 2021. The claims period for individual consumers is now closed. For more information on this class action, view the webpage linked below.