Small-Sized Ball Bearings Class Action

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

Class Members:
If you are a Canadian who purchased small-sized ball bearings, or products containing them, between June 1, 2003 and October 31, 2011, you may be a member of the proposed class.

Co-counsel
Foreman & Company worked 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

Jonathan Foreman

Annie Legate-Wolfe

Kassandra Gauld

This class action alleged that certain manufacturers engaged in an illegal cartel to fix prices of small-sized ball bearings in Canada. Small-sized ball bearings are perfectly round metal balls, with an outside diameter of 26 millimetres or less, that are commonly used as components in other products to reduce friction between surfaces. They can be found in products like communication devices, household appliances, video cameras, personal computers, printers, air conditioning units, vacuum cleaners, fishing reels and power tools, among other products.

The defendants’ conduct is alleged to have inflated the price of small sized-ball bearings, and of products containing them, for consumers and businesses across Canada. The class actions sought recovery of these overcharges on behalf of purchasers.

Settlements

NSK Settlement

A settlement was reached with the defendants NSK Ltd. and NSK Canada Inc. (collectively “NSK”) in 2020.

Under the terms of its settlement agreement, NSK agreed to pay of CAD $600,000.00 for the benefit of settlement class members in exchange for a full release of the claim against them. The settlement is not an admission of liability, fault or wrongdoing by NSK, but is a compromise of the disputed claims.

The NSK settlement was approved by the Québec Court on May 18, 2022, the BC Court on June 29, 2022, and the Ontario Court on September 7, 2022. A copy of the Courts orders can be found below.

This is the second and final settlement to be reached in the class actions and resolves the national actions against the defendants.

Minebea Settlement

A prior settlement was reached with the defendants MinebeaMitsumi Inc. (formerly Minebea Co. Ltd.), NMB Korea Co., Ltd., NMB (USA) Inc. and NMB Technologies Corporation (collectively “Minebea”) in 2018.

Under the terms of its settlement agreement, Minebea agreed to pay CAD $1,500,000.00 for the benefit of settlement class members and provide cooperation to the plaintiffs in exchange for a full release of the claim against them. The settlement is not an admission of liability, fault or wrongdoing by Minebea, but is a compromise of the disputed claims.

The Minebea settlement was approved by the Québec Court on February 11, 2019, the BC Court on April 26, 2019 and the Ontario Court on April 18, 2019. A copy of the Courts orders can be found below.

Distribution of Settlement Funds

The settlement funds (less Court-approved fees and expenses) are being held in an interest-bearing trust account for the benefit of settlement class members.

Class Counsel is preparing a “Distribution Protocol”, which will govern how the settlement funds will be distributed amongst settlement class members. The Distribution Protocol will require Court approval before it can come into effect. Once the Distribution Protocol is approved, a formal claims process will commence.

Further notices will be provided regarding Court approval of the Distribution Protocol and the claims process (including the eligibility, process and deadline to file a claim).

To receive a direct copy of all future notices, please complete the Register for Updates form above.

Case History

On March 29, 2016, our lawyers issued a Statement of Claim on behalf of all persons and entities in Canada, except British Columbia or Québec, who purchased small-sized ball bearings or products containing small-sized ball bearings during the class period.

Separate actions were commenced in British Columbia on behalf of BC residents and in Québec on behalf of Québec residents.

Class Counsel worked together to prosecute these class actions on a national basis.

Opting Out

The period for opting out of the Small-Sized Ball Bearings Class Action has passed. There is no further opportunity to opt-out. If you are a Class Member and did not opt-out of the class action, you are bound by the Court-approved settlement agreements.

Who Represents Me?

Class members in Canada, excluding British Columbia and Québec, are represented by Foreman & Company:

Email: smallbearings@foremancompany.com

Phone: Kassandra Gauld - 519.914.1175 x 106
Toll Free - 1.855.814.4575 × 106

Mail: Foreman & Company
Attn: Small-Sized Ball Bearings Class Action
4 Covent Market Pl
London, ON N6A 1E2

Class members in British Columbia are represented by CFM Lawyers LLP:

Email: info@cfmlawyers.ca

Phone: 1.800.689.2322

Mail: CFM Lawyers LLP
Attn: Small-Sized Ball Bearings 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.
Attn: Small-Sized Ball Bearings Class Action
B10-300 Place d'Youville
Montréal, QC H2Y 2B6

Court Documents