Vehicle Carrier Services Class Action
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
On July 4, 2013, Harrison Pensa LLP issued a Statement of Claim on behalf of all Canadians, excluding residents of British Columbia, who purchased Vehicle Carrier Services, or purchased or leased a new Vehicle imported to Canada by sea between January 2008 and December 31, 2012 (the “Class Period”).
Vehicle carriers transport large numbers of cars, trucks, or other automotive vehicles including agriculture and construction equipment over oceans using specialized cargo ships known as Roll On/Roll Off vessels (“RoRos”). A RoRo ship is a special type of ocean vessel that allows wheeled Vehicles to be driven and parked on its decks for long voyages. “Vehicle Carrier Services” are the paid ocean transportation of Vehicles by RoRo.
This proposed class action alleges that Defendants and their senior executives participated in illegal and secretive meetings and conspired and/or agreed with each other to fix, maintain, increase, and control the price for the supply of Vehicle Carrier Services and/or enhance unreasonably the prices of Vehicle Carrier Services and to lessen unduly competition in the sale of Vehicle Carrier Services in Canada.
The action seeks to recover the overcharge that class members paid for Vehicle Carrier Services, or for the purchase or lease of new Vehicles, during the Class Period.
Harrison Pensa LLP is working in concert on a national basis with Camp Fiorante Matthews Mogerman in British Columbia and Belleau Lapointe in Quebec in the prosecution of this matter.
The first settlement in the Vehicle Carrier Services Class Action has been reached. A Settlement Agreement has been reached with Compania Sud Americana de Vapores S.A. (“CSAV”) which is one of 20 Defendants involved in this action. CSAV has agreed to pay CAD $450,000.00 and to provide co-operation to the Plaintiffs in pursuing their claims against the remaining Defendants. Notably, CSAV is a Chilean company that did not have any direct commerce with respect to Vehicle Carrier Services in Canada during the class period. CSAV and related entities will be provided with a full release of claims against them in relation to the Vehicle Carrier Services Class Action. CSAV does not admit any wrongdoing in connection with the case.
The Settlement Fund will not be distributed to Class Members at this time as the litigation is ongoing against the other Defendants.
The Settlement must be approved by the Courts for it to be effective.
Class Members can comment on or object to the Settlement but need to do so by May 1, 2017. More information on how to do this can be found at www.roroclassaction.com and www.actioncollectiveroro.com.
The matter has been certified for settlement purposes against CSAV, which means that Class Members now have the opportunity to opt-out of the class action if they do not wish to be bound by the result. If you do not want to be a class member you must opt-out by May 10, 2017. Class members who opt-out will not be able to participate in this or any future settlement or judgment. It is not possible to opt back in. If class members do not opt-out now, they will be bound by this and any future settlements or judgment. A class member cannot opt-out later on.
Status of the Proceedings
This matter has been filed in London, Ontario. The Certification Motion has not yet been scheduled. Further information will be posted as this matter proceeds.
- Short-Form Notice of Settlement Approval with CSAV (English)
- Short-Form Notice of Settlement Approval with CSAV (French)
- Long-Form Notice of Settlement Approval with CSAV (English)
- Long-Form Notice of Settlement Approval with CSAV (French)
- Publication Notice (English)
- Publication Notice (French)