Parking Heater Class Action – Comments on Settlement

LEGAL NOTICE AUTHORIZED BY THE ONTARIO SUPERIOR COURT OF JUSTICE
CANADIAN PARKING HEATERS CLASS ACTION
Did 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.

What is this Class Action about?

A 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”).

A “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.

The 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”).

Certification

The 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.

Certification 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.

What happens next?

The parties will now engage in a process known as discovery where they exchange relevant documents and examine representative witnesses for each side.
The 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.

The 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.

Settlement reached with Volker Hohensee

A 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.

A 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 or (Tel): 647.374.4685; Meeting ID: 919 7202 7948. Please visit www.foremancompany.com/parking- heaters-price-fixing for more information.