Vehicle Carrier Services 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 vehicle carrier services, or purchased or leased a new vehicle transported by vehicle carrier services, in Canada, between February 1, 1997 to December 31, 2012, you may be a member of the proposed class (the “Class Period”).

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

Vehicle carriers transport large numbers of cars, trucks, or other automotive vehicles including agriculture, construction and mining 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 the 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 with Class Counsel in British Columbia and Québec that seek to recover the overcharge that class members paid for Vehicle Carrier Services, or for the purchase or lease of new vehicles that were transported by Vehicle Carrier Services, during the Class Period.

Settlements

Höegh Settlement

The Courts have approved the settlement reached with the defendants Höegh Autoliners AS and Höegh Autoliners Inc. (“Höegh”).

For more information regarding the Höegh settlement, please visit the Settlement Website.

Previous Court-Approved Settlements

Respective settlements have also been reached and approved by the Courts with the following defendants:

• Compania Sud Americana De Vapores S.A. (“CSAV”); and

• Mitsui O.S.K., Ltd., Mitsui O.S.K. Bulk Shipping (U.S.A.), Inc. Nissan Motor Carrier Co. Ltd., and World Logistics Service (USA) Inc. ("MOL").

For more information on the previous settlements, please visit the Settlement Website.

Distribution of Settlement Funds

As the lawsuit is still ongoing and there could be other settlements or a judgment against the other 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 amounts 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 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.

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

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

Certification

The certification motion in the Ontario Action has not yet been scheduled.

The Québec Action was authorized (certified) by the Québec Court on April 1, 2019 and the BC Action was certified by the BC Court on April 14, 2020.

Further information will be posted as this matter proceeds.

Opting Out

The period for opting out of the Vehicle Carriers Class Actions has passed. There is no further opportunity to opt out.

Discontinuances

On January 19, 2017, the plaintiff in the Ontario action was granted leave to discontinue the Ontario action as against the defendant 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: Anni Barry - 519.914.1175 × 107
Toll Free - 1.855.814.4575 x 107

Mail: Foreman & Company
Attn: Vehicle Carriers 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: Vehicle Carriers 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: Vehicle Carriers Class Action
B10-300 Place d'Youville
Montreal, QC H2Y 2B6

Court Documents

To view case related documents, such as Court approved notices, the settlement agreements, and the Court’s orders, please visit the Settlement Website.