IMPORTANT UPDATE
A settlement has been reached with the MOL Defendants
See below for more information
Vehicle Carrier Services Price Fixing Class Action
Court:
Ontario Superior Court of Justice; Supreme Court of British Columbia; Superior Court of Québec
Class Members:
If you have purchased Vehicle Carrier Services, or purchased or leased a new Vehicle between February 1, 1997 to December 31, 2012, you may be a member of the proposed class. Please contact us if you have questions about the proposed class definition.
Co-counsel:
Foreman & Company is working in concert with Camp Fiorante Matthews Mogerman LLP in British Columbia and Belleau Lapointe s.e.n.c.r.l. in Québec (collectively “Class Counsel”) to prosecute these matters on a national basis.
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.
Case Contacts
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.
Our lawyers are part of a national consortium who seek to recover the overcharge that class members paid for Vehicle Carrier Services, or for the purchase or lease of new Vehicles, during the period of February 1, 1997 to December 31, 2012.
Important Notices
Settlement Reached
A settlement has been reached with the defendants Mitsui O.S.K., Ltd., Mitsui O.S.K. Shipping (U.S.A.), Inc. Nissan Motor Carrier Co. Ltd., and World Logistics Service (USA) Inc. ("MOL" or the "MOL Defendants").
MOL has agreed to pay CAD $7,000,000 for the benefit of class members in the actions.
The settlement with MOL is subject to approval of the courts in Ontario, British Columbia and Québec on November 24, 2023, December 12, 2023 and November 20, 2023, respectively. For more detailed information on the approval hearings please visit the settlement website at: roroclassaction.com or view the Notice of Settlement Approval with MOL below.
Case History
On July 4, 2013, our lawyers issued a Statement of Claim on behalf of all persons or entities in Canada, except British Columbia or Québec, who paid for Vehicle Carrier Services. A second Statement of Claim was issued December 30, 2014 against additional defendants. These actions were consolidated by Order of the Court on January 19, 2017 in a Fresh as Amended Statement of Claim.
Previous Settlement
A Settlement Agreement has been reached with Compania Sud Americana De Vapores S.A. (“CSAV”). CSAV has agreed to pay CAD $450,000.00 for the benefit of Settlement Class Members and to provide co-operation to the Plaintiffs in pursuing their claims against the non-settling defendants.
On January 19, 2017, the action was certified as a class proceeding as against the Settling Defendant for settlement purposes only.
Discontinuances
On January 19, 2017, the plaintiff in the Ontario action was granted leave to discontinue the Ontario action as against Toyofuji Shipping Co. Ltd., in accordance with the terms of a Standstill and Tolling Agreement with that company.
Who Represents Me?
Class Members in Canada, excluding British Columbia and Québec, are represented by Foreman & Company:
Email:
classactions@foremancompany.com
Phone:
1.855.814.4575 ext. 106
Mail:
Foreman & Company
4 Covent Market Pl
London, ON N6A 1E2
Class Members in British Columbia are represented by Camp Fiorante Matthews Mogerman LLP:
Email:
info@cfmlawyers.ca
Phone:
1.800.689.2322
Mail:
Camp Fiorante Matthews Mogerman LLP
#400 – 856 Homer Street
Vancouver, BC V6B 2W5
Class Members in Québec are represented by Belleau Lapointe s.e.n.c.r.l.:
Email:
info@belleaulapointe.com
Phone:
1.888.987.6701
Mail:
Belleau Lapointe s.e.n.c.r.l.
300, Place d'Youville
Office B-10
Montreal, Quebec H2Y 2B6
Court Documents
Order of Leitch J. – Approval of Notices and Notice Plan (MOL) – August 18, 2023
Order of Leitch J. – Motion for Settlement Approval (CSAV)– May 29, 2017
Order of Leitch J. – Approval of Notices and Notice Plan (CSAV) – January 19, 2017
Order of Leitch J. – Motion to Consolidate – January 19, 2017
Court-Approved Notices
Notice of Settlement Approval with MOL (English)
Notice of Settlement Approval with MOL (French)
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)
Settlement Agreements
MOL Settlement Agreement – September 7, 2022