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. 

Summary of the Proceedings

This claim is brought on behalf of all Canadians who purchased, for their own use and not for resale, a lawn mower containing a gas combustible engine of 30 horsepower or less which was manufactured and/or sold by a defendant company between January 1, 1994 and December 31, 2012.

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 on a national basis with Consumer Law Group Inc. in Quebec in the prosecution of this matter.

Status of the Proceedings

SETTLEMENTS

Settlements have been reached to date valued at CAD$5,200,000 with 7 groups of defendants.  Certain settled defendants have also agreed to provide evidence and co-operation to the plaintiffs in pursuing their claims against the remaining non-settling defendants. The settling defendants have not admitted any wrongdoing or liability in connection with the case.

SETTLEMENT DISTRIBUTION

As the litigation is ongoing against the non-settling defendants, there will be no distribution of settlement funds at this time. The continuing litigation may or may not result in further settlements or judgments. If there is a further recovery, it will be added to the present settlement monies, which will be held in an interest-bearing trust account and an efficient distribution will be made at an appropriate time. The Courts will approve when and to whom the settlement funds are distributed.

STATUS OF THE ONGOING LITIGATION

The litigation continues as against Kawasaki Motors Corp., USA and Tecumseh Products Company and Tecumseh Products of Canada.

The certification motion in the matter will be heard in August of 2018.

Key Documents

Class Members

Persons who believe that they may be members of the class are encouraged to contact Harrison Pensa LLP for further information.  Inquiries should be directed to Anni Barry at 1-800-263-0489 ext. 759 or by e-mail to .