Lawn Mower Engine Horsepower Rating Conspiracy

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The content of this page has not been approved by the Court nor does it constitute legal advice. It is for the purpose of providing general information only. 

Update

Settlements and Distribution Protocol Approved by the Courts

This case has now settled with all defendants for a total of $7,535,000. The final settlements, Class Counsel’s fee request, and the method of distributing settlement funds to class members have been approved by the courts.

The claims period is scheduled to commence on January 21, 2019 and will run until May 22, 2019. Updates regarding the claims period will be posted as they become available.

Summary of the Proceedings

This claim is brought on behalf of all Canadians who purchased a lawn mower containing a gas combustible engine of 30 horsepower or less which was designed, manufactured and/or sold by a defendant company between January 1, 1994 and December 31, 2012 (“Class Members”).

It is alleged that the defendants participated in an unlawful conspiracy to raise, fix, maintain or stabilize the price of lawn mowers in Canada, lessen unduly competition in the production, manufacture, sale and/or supply of lawn mowers and lawn mower engines, and/or to conduct business contrary to the Competition Act and the Consumer Packaging and Labelling Act.

Harrison Pensa LLP is working in concert with Consumer Law Group Inc. in Quebec in the prosecution of this matter on a national basis.

Status of the Proceedings

SETTLEMENTS

Court-approved settlements with all defendants have been reached totalling $7,535,000. The settlements are not an admission of liability, fault, or wrongdoing by the defendants, but are a compromise of disputed claims. The defendants do not admit any wrongdoing or liability in relation to the class actions.

Motions were heard on October 25 and October 31, 2018 in Ontario and Quebec for approval of the final settlements with Kawasaki and Tecumseh, approval of the plan to pay settlement funds to class members, and approval of the lawyers’ fees and disbursements. All motions were granted by the courts.

PAYMENT OF SETTLEMENT FUNDS

The settlement funds, minus court-approved lawyers’ fees, disbursements, and applicable taxes, are held in an interest bearing trust account for the benefit of Class Members.

The plan for paying the settlement funds to Class Members, called the “Distribution Protocol,” has been approved by the courts and can be viewed here. All payments made to Class Members through the claims process will be in accordance with the Distribution Protocol.

The claims period is scheduled to run from January 21, 2019 to May 22, 2019. Further details will be published on this website as they become available. To receive an e-mail notification of the opening of the claims period, please send an e-mail to with your contact information.

Key Documents

FURTHER QUESTIONS?

If you have further questions about the Distribution Protocol, the claims process, or the case generally, please contact Lindsay Provost at 1-800-263-0489 ext. 583 or by e-mail to