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Summary of the Proceedings
On March 18, 2015, Harrison Pensa LLP issued a Statement of Claim on behalf of all persons or entities in Canada, except those persons or entities in British Columbia or Quebec, who purchased parking heaters, parking heater accessories, or parking heater kits (“Parking Heaters”) manufactured and/or sold by the defendants between September 13, 2001 and December 31, 2012 (the “Class Period”).
On May 31, 2016, Harrison Pensa LLP issued a further Statement of Claim on behalf of the same proposed class against additional defendants in respect of Parking Heaters concerning the same Class Period.
By Order dated November 30, 2016, the Court consolidated the two actions into one proceeding and the plaintiff was granted leave to issue a Second Fresh as Amended Statement of Claim.
Parking Heaters are used in various types of commercial vehicles, including long-distance trucks and construction equipment to heat the engine and cabin, in lieu of idling the engine. There are two types of Parking Heaters: air heaters and coolant heaters. The class action is against manufacturers and/or sellers of both types of Parking Heaters.
This proposed class action alleges that the defendants conspired to fix the price of Parking Heaters. As a result, it is alleged that class members paid too much for their Parking Heaters.
The class action seeks to recover the anti-competitive pricing overcharge for class members.
Status of the Proceedings
By Order dated November 30, 2016, the plaintiff was granted leave to discontinue against Proheat Canada, Proheat Mechanical Systems Inc. and Espar Climate Control Systems as these entities are not proper defendants to the action.
The motion materials provided to the Court with respect to the discontinuances as well as the Court’s Orders and Endorsements can be viewed below:
- Plaintiff’s Motion Record;
- Endorsement of Raikes J. dated November 30, 2016; and,
- Court Order dated November 30, 2016.
The Certification Motion has not yet been scheduled. Further information on the status of the class action will be posted here as the matter proceeds.
This matter has been filed in London, Ontario.
If you purchased a parking heater, parking heater accessory, or parking heater kit between September 13, 2001 and December 31, 2012, please contact members of our class action team at or call Anni Barry at 1-800-263-0489 ext. 759.