Parking Heaters Price Fixing Class Action

Court:
Ontario Superior Court of Justice

Class Members:
If you have purchased a parking heater between September 13, 2001 and December 31, 2012, you may be a member of the class. Please contact us if you have questions about the 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

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. This 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 between September 13, 2001 and December 31, 2012 (the “Class Period”).

Our lawyers are part of a national team of lawyers that are advancing a claim on behalf of all persons in Canada who purchased a Parking Heater manufactured and/or sold by the defendants. The action seeks to recover the alleged anticompetitive pricing overcharge that class members paid for Parking Heaters during the Class Period.

We are working in a national consortium with Class Counsel in British Columbia and Québec.

Parking Heaters Price Fixing Class Action

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Important Notice

Certification

On December 14, 2020, the Court certified the class action against the Espar and Webasto defendants, 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 case has been certified on behalf of Canadians, excluding residents of Québec, who purchased a parking heater or purchased, leased or sub-leased a vehicle containing a parking heater between September 13, 2001 and December 31, 2012 (“Class Members”).

A separate lawsuit was initiated in Québec on behalf of Québec residents who purchased a parking heater or purchased, leased or sub-leased a vehicle containing a parking heater during the same Class Period (the “Québec Action”). The Québec Action has been authorized (certified) by the Québec Court and the opt-out period for the Québec Action has expired.

Settlement

A settlement agreement has also been reached with the defendant Volker Hohensee. Mr. Hohensee is a former executive who worked for one of the Espar defendants. Mr. Hohensee has agreed to provide early cooperation and assistance to the plaintiffs in Ontario and Québec by providing evidence in respect of the alleged conspiracy by the 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 with Mr. Hohensee was approved by the Court on June 16, 2021. Click here to view a copy of the Settlement Approval Order.

Opting-Out of the Proceedings

The deadline for opting out of the Proceedings was April 5, 2021. Any class member who did not opt-out on or before that date is legally bound by the result of the Proceedings.

Case History

On March 18, 2015, our lawyers issued a Statement of Claim on behalf of all persons or entities in Canada, except British Columbia or Québec, who purchased Parking Heaters. A second Statement of Claim was issued May 31, 2016 against additional defendants. These actions were consolidated by Order of the Court on November 30, 2016 in a Second Fresh as Amended Statement of Claim (the “Ontario Action”).

Separate actions were commenced in British Columbia (the “BC Actions”). On January 29, 2021 the BC Actions were stayed and the BC class members will now be represented in the Ontario Action.

A separate lawsuit was also initiated in Québec on behalf of Québec residents who purchased a parking heater or purchased, leased or sub-leased a vehicle containing a parking heater during between September 13, 2001 and December 31, 2012 (the “Québec Action”).

Certification

The Ontario and Québec Actions have been certified by the Courts. Certification is not a ruling on the merits of the cases and the Ontario and Québec Courts have not yet made a decision on the allegations made in the class actions.