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
The Statement of Claim filed in this class action alleged that from at least January 1, 2004 to December 31, 2008, the defendants unlawfully conspired to fix, increase, and/or maintain prices at which Cooling Compressors and Cooling Compressors Products were sold in Canada. Cooling Compressors are defined as hermetically sealed cooling compressors of less than one horsepower and Cooling Compressor Products are defined as products containing Cooling Compressors. Cooling Compressors and Cooling Compressor Products do not include compressors used in air conditioners.
Harrison Pensa LLP has been working in concert on a national basis with Siskinds LLP in Ontario, Siskinds Desmeules s.e.n.c.r.l. in Quebec and Camp Fiorante Matthews Mogerman in British Columbia, in the prosecution of this matter.
Status of the Proceedings
The Ontario, British Columbia and Quebec class actions have been certified/authorized against certain defendants for settlement purposes only.
The ACC Settlement Agreement
On August 4, 2011, a Settlement Agreement was reached with the defendants, Appliances Components Companies S.p.A. and ACC USA LLC (collectively “ACC”). The settlement agreement has now been approved by the Ontario, Quebec and British Columbia Courts
The Danfoss Flensburg, Embraco, Panasonic and Tecumseh Settlement Agreements
Settlements were reached with Danfoss Flensburg GmbH (“Danfoss Flensburg”), Embraco North America, Inc. (“Embraco”), Panasonic Corporation and Panasonic Canada Inc. (collectively “Panasonic”), and Tecumseh Products of Canada Limited, Tecumseh Products Co., and Tecumseh Compressor Company (collectively “Tecumseh”) in the aggregate of CDN $4,770,000. The settlements resolve the claim in its entirety. The settlement agreements have now been approved by the Ontario, Quebec and British Columbia Courts.
Distribution of the Settlement Funds
On February 12, 2016 the Ontario Court approved the settlement agreements, the protocol for distributing the settlement amount to Class Members (“Distribution Protocol”) and Class Counsel’s out-of-pocket disbursements, fees, and applicable taxes. The Court ordered that Class Counsel’s fees be paid from the settlement recoveries achieved as detailed in the Fee Approval Order below.
All purchasers of affected compressor units and compressor products are eligible to make a claim under the settlement distribution plan.
The protocol is designed to make the claims process relatively simple in the context of purchases of affected compressors and compressor products. Claims are categorized and assigned basic valuations under the protocol depending on whether the purchasers were made directly from a defendant or indirectly from an entity other than a defendant.
No claim will be assigned a value of less than $20 subject to further order of the court in the event of pro-ration due to high claims rates.
The $20 valuation target is not an estimate of any damages suffered. It is a minimum administrative threshold designed to maintain a feasible economic and administrative platform for the settlement distribution.
For more information please see the distribution protocol below.
Making a Claim for Compensation
The claims period is now open. To make a claim, please visit www.coolingcompressorsclassaction.com. All claims must be submitted on or before August 11, 2016.
Pursuant to the Distribution Protocol, the funds obtained through the Settlement will be distributed to Class Members who make eligible claims. The claims period will be open from April 13, 2016 – August 11, 2016.
If you do nothing, you will not receive compensation from the Settlement and will not have future rights to collect against the Defendants, unless you validly opted out of the Class Action. The deadline for Class Members to opt out of the Class Action was January 30, 2012. If you did not previously opt out, you are legally bound by the results of the Class Action, including the Settlement.