Certification Granted and Proposed Settlement Reached in Canadian Parking Heaters Class Action
Foreman & Company is pleased to announce that certification has been granted and a proposed settlement has been reached in the Canadian Parking Heaters Class Action.
A Parking Heater is a component used in commercial vehicles to warm the engine and cabin in lieu of idling the vehicle. A Parking Heater is defined by the lawsuit to mean a parking heater, accessories and parts sold for use with heaters, packages containing heaters and accessories and/or parts for parking heaters that were manufactured or sold by the Defendants for use in a commercial vehicle during September 13, 2001 and December 31, 2012.
The Ontario Court has “certified” the Class Action meaning the Court has agreed that the lawsuit is suitable to proceed to trial as a class action. Certification is not a ruling on the merits of the case, and the Court has not yet made a decision on the allegations made in the Class Action.
The parties will now engage in a process known as discovery where they exchange relevant documents and examine representative witnesses for each side. The matter will then proceed to trial. At trial, a judge will decide whether or not the claims will be successful and whether remedies should be ordered in favour of Class Members.
A proposed settlement has also been reached with the individual defendant Volker Hohensee. Mr. Hohensee is a former executive of one of the defendants. He has agreed to provide the plaintiff with early cooperation and evidence in respect of the alleged conspiracy by the remaining defendants. In exchange, Mr. Hohensee will be provided with a release of the claims against him. The settlement is not an admission by Mr. Hohensee of liability, fault, or wrongdoing, but is a compromise of the disputed claims. The settlement must be approved by the court before it becomes effective.
For more detailed information about the case, including the certification orders, settlement agreement, the court-approved notices and an explanation of the rights of Class Members at this juncture of the case, please click here.
Foreman & Company is working collaboratively with Camp Fiorante Matthews Mogerman LLP and Belleau Lapointe, s.e.n.c.r.l. on this matter.
About Foreman & Company
Foreman & Company is a boutique plaintiff-side class actions law firm representing individuals and businesses who have suffered loss or injury due to misconduct on a widespread scale. Our award-winning team of litigators has been recognized by Lexpert, Chambers Global and Best Lawyers for their expertise and calibre of knowledge in class actions.