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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
Under the MTD Settlement Agreement, MTD Products Limited and MTD Products Inc. (collectively “MTD”) has agreed to pay CAD$300,000.00 for the benefit of Settlement Class Members and to provide evidence and co-operation to the plaintiffs in pursuing their claims against the remaining non-settling defendants (the “MTD Settlement Agreement”). The MTD Settlement Agreement also resolved the allegations and litigation against Sears Canada Inc., Sears Holdings Corporation and Sears, Roebuck and Co. (collectively “Sears”).
Under the Briggs & Stratton et al. Settlement Agreement, Briggs & Stratton Canada Inc., Briggs & Stratton Corporation, Electrolux Canada Corp., Electrolux Home Products, Inc., John Deere Canada ULC, Deere & Company, Husqvarna Canada Corp., Husqvarna Consumer Outdoor Products N.A. Inc., Kohler Canada Co., Kohler Co. and The Toro Company (Canada), Inc. and the Toro Company together have agreed to pay CAD$4,200,000.00 for the benefit of Settlement Class Members (the “Briggs & Stratton et al. Settlement Agreement”).
Under the Honda Settlement Agreement, Honda Canada Inc. and American Honda Motor Co., Inc. have agreed to pay CAD$700,000.00 for the benefit of Settlement Class Members.
In exchange, the settling defendants will be provided with a full release of claims against them in the Lawn Mowers Class Action. The settling defendants do not admit any wrongdoing or liability in connection with the case.
The litigation continues as against all non-settling defendants to the proceedings.
The MTD Settlement Agreement and the Briggs & Stratton et al. Settlement Agreement received approval from the Ontario Court on September 20, 2013 and from the Quebec Court on September 25, 2013.
The Honda Settlement Agreement received approval from the Ontario Court on October 26, 2015 and from the Quebec Court on November 17, 2015.
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.
The plaintiffs have entered into a Tolling and Standstill Agreement with Canadian Kawasaki Motors Inc. The plaintiffs believe this company is not a necessary defendant in the action.
The Tolling and Standstill Agreement protects the position of the Class against any applicable limitation periods while providing for a discontinuance of the litigation as against these defendants for current purposes without prejudice to the potential that they could be added back into the litigation in the future if it becomes necessary. The purpose of the Tolling and Standstill Agreement is to protect the interests of the Class while streamlining and focusing the litigation in respect of the core allegations which have been advanced.
The litigation continues as against Kawasaki Motors Corp., USA.
- Statement of Claim
- MTD Settlement Agreement
- Briggs & Stratton et al. Settlement Agreement
- Honda Settlement Agreement
- Ontario Settlement Approval Order (MTD)
- Ontario Settlement Approval Order (Briggs & Stratton et al)
- Quebec Judgment (Authorization and Settlement Approval – MTD and Briggs & Stratton et al)
- Ontario Settlement Approval Order (Honda)
- Quebec Judgment (Authorization and Settlement Approval – Honda)
- Ontario Order for Discontinuance as Against Canadian Kawasaki Motors Inc.
- Amended Statement of Claim
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 .