Canadian Lawn Mower Horsepower Labelling Class Action

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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.

THE CLAIMS PERIOD IS NOW OPEN

Visit www.lawnmowersettlement.ca to make a claim by May 22nd, 2019

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.

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 . Pursuant to the court-approved Distribution Protocol, payments will be calculated as follows:

  • End Users (individuals, consumers, businesses, organizations, etc. who purchased lawn mowers for actual use) are eligible for up to $15 per claimant if no documentary proof of purchase or horsepower is provided. End Users who provide proof of purchase or proof of horsepower are eligible for up to $15-$55 per lawn mower.
  • Upstream Purchasers (retailers, wholesalers, businesses, organizations, etc. who purchased Lawn Mowers for resale) are entitled to claim a share of the settlement recoveries. 20% of the Net Settlement Amount has been allocated to an Upstream Purchasers’ Fund.  Proportionate payments to eligible claimants will be made from the Upstream Purchaser Fund based on their eligible Lawn Mower purchase(s) and their corresponding horsepower ratings.

The claims period is now open and will run from January 21, 2019 to May 22, 2019.  Visit to make your claim before the deadline.  See below for details about your eligibility to make a claim.

ELIGIBILITY

All persons in Canada are eligible to make a claim if:

  • you purchased a gas-powered walk-behind or riding lawn mower designed, manufactured or labelled by any defendant which contains a gas combustible engine labelled at 30 horsepower or less (“Lawn Mower”);
  • you purchased the Lawn Mower between January 1, 1994 and December 31, 2012; and
  • you purchased the Lawn Mower in Canada.

The following is a non-exhaustive list of brands of Lawn Mowers which may be eligible for compensation in the Class Actions. Other brand names manufactured by the defendants may also be eligible for compensation.

  • Ariens
  • Bolens
  • Brute
  • Columbia
  • Craftsman
  • Cub Cadet
  • Dynamark
  • Exmark
  • Ferris
  • Gravely
  • Honda
  • Husqvarna
  • Hustler
  • Jacobson
  • John Deere
  • Lawn Boy
  • Mastercraft
  • Mastercut
  • MTD
  • MTD Gold
  • MTD Pro
  • Murray
  • Noma
  • Poulan
  • Poulan Pro
  • Remington
  • Simplicity
  • Snapper
  • Swisher
  • Toro
  • Troy-Bilt
  • Walker
  • Weed Eater
  • White Outdoor
  • Wright
  • Yard Machines
  • Yard-Man
  • YardPro
  • Yardworks

Summary of the Proceedings

This class action was 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.

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

Key Documents

FURTHER QUESTIONS?

If you have further questions, please visit or contact Lindsay Provost at 1-800-263-0489 ext. 583 or by e-mail to