IMPORTANT UPDATE

The Courts have approved the settlement reached with the Espar defendants.

Please see below for more information.

Parking Heaters Price Fixing Class Action

Court:
Ontario Superior Court of Justice, Supreme Court of British Columbia and Superior Court of Québec.

Class Members:
If you have purchased a parking heater, or purchased, leased or sub-leased a commercial vehicle containing a parking heater, in Canada between September 13, 2001 and December 31, 2012, you may be a member of the class (“Class Member”).

Co-counsel
Foreman & Company is working in concert with CFM Lawyers 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 the vehicle. This class action alleges that the defendants conspired to fix, raise, maintain or stabilize the price of parking heaters. As a result, it is alleged that Class Members paid a falsely inflated price for their parking heaters between September 13, 2001 and December 31, 2012 (the “Class Period”).

Our lawyers are part of a national consortium with Class Counsel in British Columbia and Québec 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.

Settlements

Espar Settlement

A settlement was reached with the defendants Eberspaecher Climate Control Systems USA Inc. (formerly known as Espar Inc.), Eberspaecher Climate Control Systems Canada Inc. (formerly known as Espar Products Inc.), “Espar Climate Control Systems”, Eberspaecher Climate Control Systems International GmbH (formerly known as Eberspaecher Climate Control Systems International Beteiligungs-GmbH), Eberspaecher Climate Control Systems GmbH (formerly known as J. Eberspaecher GmbH and Co. KG) and Eberspaecher Gruppe GmbH and Co. KG., (“Espar”) in 2024 (the “Espar Settlement”).

Under the terms of the Espar Settlement, Espar agreed to pay CAD $9,400,000.00 for the benefit of Class Members and provide information to the plaintiffs that will help with the ongoing case against the non-settling defendants. In exchange, Espar was provided with a full release of the claims against them. The settlement is not an admission of liability, fault, or wrongdoing by Espar, but is a compromise of the disputed claims.

The Espar Settlement was approved by the Québec Court on January 9, 2025 and the Ontario Court on April 1, 2025 and Class Counsel’s fee request was approved by the Québec Court on January 9, 2025 and the Ontario Court June 19, 2025. Copies of the Courts orders can be found below.

Hohensee Settlement

A settlement agreement was reached with the defendant Volker Hohensee in 2020 (the “Hohensee Settlement”). Mr. Hohensee is a former executive who worked for one of the Espar defendants. Under the terms of the Hohensee Settlement, Mr. Hohensee 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 was released of the claims against him. The Hohensee Settlement is not an admission of liability, fault, or wrongdoing by Mr. Hohensee, but is a compromise of the disputed claims.

The settlement with Mr. Hohensee was approved by the Ontario Court on June 16, 2021. A copy of the Ontario Court’s Order approving the Hohensee Settlement can be found below.

Distribution of Settlement Funds

As the lawsuit is still ongoing against the non-settling defendants, the settlement funds achieved to date (less Court-approved fees and expenses) are being held in an interest-bearing trust account for the benefit of Class Members.

If there are further recoveries, they will be added to the present settlement funds and an efficient distribution plan will be made at an appropriate time. That plan must be approved by the Courts before it takes effect.

Case History

On March 18, 2015, our lawyers issued a Statement of Claim on behalf of all persons and entities in Canada, except British Columbia or Québec, who purchased a parking heater. A second Statement of Claim was issued May 31, 2016 against additional defendants. These actions were consolidated by Order of the Ontario 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 BC residents 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”).

Class Counsel is working to prosecute these class actions on a national basis.

Certification

On December 14, 2020, the Court certified the Ontario Action meaning the Ontario 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 Québec Action was authorized (certified) by the Québec Court on December 20, 2017.

Opting Out of the Proceedings

The deadline to opt out of the Ontario Action was April 5, 2021. The deadline to opt out of the Québec Action was June 1, 2018. Any Class Member who did not opt out on or before those dates is legally bound by the result of the actions.

Who Represents Me?

Class Members in Canada, excluding Québec, are represented by Foreman & Company:

Email: classactions@foremancompany.com

Phone: Anni Barry - 519.914.1175 x 107
Toll Free - 1.855.814.4575 x 107

Mail: Foreman & Company
Attn: Parking Heaters Class Action
4 Covent Market Pl
London, ON N6A 1E2

And by CFM Lawyers LLP:

Email: info@cfmlawyers.ca

Phone: 1.800.689.2322

Mail: CFM Lawyers LLP
Attn: Parking Heaters Class Action
400-856 Homer St
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.
B10-300 Place d'Youville
Montreal, QC H2Y 2B6

Court Documents