BEGIN:VCALENDAR
VERSION:2.0
METHOD:PUBLISH
CALSCALE:GREGORIAN
PRODID:-//WordPress - MECv7.34.1//EN
X-ORIGINAL-URL:https://consumerscouncil.com/
X-WR-CALNAME:Consumers Council of Canada
X-WR-CALDESC:Working towards an improved marketplace for Canadian consumers. Share your consumer experiences, problems and complaints. Participate in consumer research, representation and advocacy. Help develop and promote consumer protection.
X-WR-TIMEZONE:America/Toronto
BEGIN:VTIMEZONE
TZID:America/Toronto
X-LIC-LOCATION:America/Toronto
BEGIN:DAYLIGHT
TZOFFSETFROM:-0500
TZOFFSETTO:-0400
TZNAME:EDT
DTSTART:20260308T030000
RRULE:FREQ=YEARLY;BYMONTH=03;BYDAY=2SU
END:DAYLIGHT
BEGIN:STANDARD
TZOFFSETFROM:-0400
TZOFFSETTO:-0500
TZNAME:EST
DTSTART:20261101T010000
RRULE:FREQ=YEARLY;BYMONTH=11;BYDAY=1SU
END:STANDARD
END:VTIMEZONE
REFRESH-INTERVAL;VALUE=DURATION:PT1H
X-PUBLISHED-TTL:PT1H
X-MS-OLK-FORCEINSPECTOROPEN:TRUE
BEGIN:VEVENT
CLASS:PUBLIC
UID:MEC-8d6a06b2f1208b59454a9a749928b0c0@consumerscouncil.com
DTSTART;TZID=America/Toronto:20210429T090000
DTEND;TZID=America/Toronto:20210429T180000
DTSTAMP:20210203T122628Z
CREATED:20210203
LAST-MODIFIED:20210203
PRIORITY:5
SEQUENCE:0
TRANSP:OPAQUE
SUMMARY:Parking Heater Class Action – Settlement Approval Hearing
DESCRIPTION:LEGAL NOTICE AUTHORIZED BY THE ONTARIO SUPERIOR COURT OF JUSTICE\nCANADIAN PARKING HEATERS CLASS ACTION\nDid you purchase a parking heater, or purchase, lease or sub-lease a vehicle containing a parking heater, between September 13, 2001 and December 31, 2012? If so, your legal rights could be affected.\nWhat is this Class Action about?\nA class action was initiated in Ontario against Espar[1] and Webasto[2], who are manufacturers of Parking Heaters. The case was initiated on behalf of all Canadians, excluding Québec residents (a separate lawsuit was commenced in Québec on behalf of Québec residents), who purchased parking heaters, or purchased, leased or subleased a vehicle containing a parking heater, between September 13, 2001 and December 31, 2012 (the “Class Period”) (the “Class Members”).\nA “Parking Heater” means a parking heater, accessories and parts sold for use with heaters, packages containing heaters and accessories and/or parts for parking heaters which were manufactured or sold by the Defendants for use in a commercial vehicle during the Class Period.\nThe lawsuit alleges that the defendants participated in an unlawful conspiracy to fix, raise, maintain or stabilize the price of Parking Heaters in Canada, amongst other allegations (the “Class Action”).\nCertification\nThe Ontario Court has “certified” the Class Action meaning the Court has agreed that the lawsuit is suitable to proceed to trial as a class action.\nCertification is not a ruling on the merits of the case, and the Court has not yet made a decision on the allegations made in the Class Action.\nWhat happens next?\nThe parties will now engage in a process known as discovery where they exchange relevant documents and examine representative witnesses for each side.\nThe Ontario Court has “certified” the Class Action meaning the Court has agreed that the lawsuit is suitable to proceed to trial as a class action.\nThe matter will then proceed to trial. At trial a judge will decide whether or not the claims will be successful and whether remedies should be ordered in favour of Class Members.\nSettlement reached with Volker Hohensee\nA settlement has been reached with the individual defendant Volker Hohensee, a former executive of the defendant Espar, in which Mr. Hohensee has agreed to provide the plaintiff with early cooperation and evidence in respect of the alleged conspiracy by the defendants. In exchange, Mr. Hohensee will be provided with a release of the claims against him in the Class Action. The settlement must be approved by the court before it becomes effective.\nA settlement approval hearing will take place before the Ontario Superior Court of Justice on April 29, 2021 at 9:00 a.m. to determine if the settlement is fair, reasonable and in the best interest of Class Members. The settlement approval hearing is presently expected to be conducted by Zoom and can be accessed through: https://zoom.us/j/91972027948 ( https://zoom.us/j/91972027948 ) or (Tel): 647.374.4685; Meeting ID: 919 7202 7948. Please visit www.foremancompany.com/parking- heaters-price-fixing ( https://www.foremancompany.com/parking- heaters-price-fixing ) for more information.\n\n\n\nIf 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.\nIf you want to tell the court what you think about the proposed settlement, you must send a written submission to Class Counsel by April 19, 2021.\nDoes this cost me anything?\nYou do not have to pay the lawyers working on the Class Action any money. The lawyers only get paid if the Class Action is successful, and if so, they are paid out of any recovery that is achieved on behalf of the Class Members.\nThe lawyers working on the Class Action will seek a legal fee of up to 30% of the value of the results obtained, plus out of pocket case expenses and applicable taxes. Lawyers’ fees and expenses, if any, are subject to Court approval.\nParticipating in the Class Action\n\nIf you want to be included in this Class Action, you do not need to do anything at this time. You will be automatically included in the Class Action and may eventually receive money or other benefits from the Class Action.\nIf you participate in the Class Action, you will not be able to pursue your own case against the defendants regarding the claims at issue. You will be bound by the results of the Class Action, win or lose.\n\nOpting-Out of the Class Action\nClass Members have the right to exclude themselves from the Class Action by opting-out.\n\nIf you opt-out, you will not be eligible to participate in or receive any money or other remedies from the Class Action.\nYou may be able to start or continue your own case regarding the claims at issue at your own obligation and expense. If you wish to pursue your claims on an individual basis, you should consider consulting with a lawyer to discuss your options and any applicable deadlines for commencing your action.\n\nIf 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. Completed opt-outs can be sent to Class Counsel at the contact particulars below. For complete instructions on how to opt-out, please view the long-form notice on the website listed below or contact Class Counsel.\nMore Information\nA copy of the complete certification order, settlement agreement, long- form notice and other important documents an be viewed at: www.foremancompany.com/parking-heaters-price-fixing ( https://www.foremancompany.com/parking-heaters-price-fixing )\nClass Counsel\nForeman & Company, Attn: Jonathan Foreman\n4 Covent Market Place, London, ON N6A 1E2\nTel: 1.855.814.4575 ext. 107, Fax: 1.226.884.5340 or E-mail: classactions@foremancompany.com ( mailto:classactions@foremancompany.com )\nCamp Fiorante Matthews Mogerman LLP: Attn: Aisling Slevin Suite 400, 856 Homer Street, Vancouver, BC V6B 2W5\nTel: 1.800.686.2322, Fax: 1.604.698.7554 or E-mail: info@cfmlawyers.ca ( mailto:info@cfmlawyers.ca )\n[1] Espar means: Espar Inc., Espar Products Inc., Eberspaecher Climate Control Systems International Beteiligungs-GMBH, Eberspaecher Climate Control Systems GMBH & Co. KG (formerly known as J. Eberspaecher GMBH and Co. KG), Eberspaecher Gruppe GMBH and Co. KG. 2\n[2] Webasto means: Webasto Thermo and Comfort North America Inc., Webasto SE and Webasto Thermo & Comfort SE\n\n\n\n
URL:https://consumerscouncil.com/consumer-agenda-events/parking-heater-class-action-opt-out-notice-deadline-2/
ORGANIZER;CN=Foreman & Company:MAILTO:classactions@foremancompany.com
CATEGORIES:Class Action Notice
ATTACH;FMTTYPE=image/png:https://consumerscouncil.com/wp-content/uploads/2021/02/parking-heaters.png
END:VEVENT
END:VCALENDAR