What is a class action?
A class action is a lawsuit that is brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.
What does “certification” mean?
Certification is the motion where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).
Do I have to pay anything to participate in the class action?
Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.
Who is affected by the IKO Organic Shingles class action?
You are affected by the class action and are a “member” of the class if you are a person who owns or owned, lease or have leased, a building in Canada that contains or did contain IKO organic shingles.
The class includes persons who have a subrogated claim and who may pursue claims through or in the name or right of class members.
What are the relevant brands of shingles?
The IKO class action relates to the following brand names: Aristocrat, Aristocrat (Imperial), Armour Plus, Armour Lock, Armour Tite, AM Armour Seal (includes Supreme and metric versions), Armourtite, Cambridge Ultra Shadow, Cathedral XL, Chateau, Crowne 30, Fastlock 25 (sold in Canada only), Imperial Seal 20, Imperial Supersplus, Leading Edge, New Englander, Harvard, Nordic, Quantum 25, Renaissance, Renaissance XL, Royal Victorian, Seville 25 (CRC), Skyline, Superlock (CRC), AM Superplus (CRC), Superseal (CRC), Supreme 20, Superlock, Suretite, Total, UltraLock, and Vista.
Can I join the class action?
There are no steps required to “join” the class action. Unless you opted-out (excluded yourself from the class action), assuming you fall within the scope of the class definition, you are automatically included in the class action.
What should I do to protect my rights?
To protect your rights, you should:
- Take photographs of your roof. The photographs should be labeled to identify the slope or area of the roof shown. The photographs should include:
- photographs of each roof slope showing the slope and the condition of the shingles
- photographs showing the structure from a distance sufficient to show the entire structure, including views of all roof vents
- the inside and outside of all soffits
- Your roofing contractor should be able to assist you with taking the required photographs.
- Keep sample shingles. Once the shingles are removed, keep several sample shingles in a clean dry area. Make a note of from which slope the shingles were removed. If you have any unused shingles, you should keep those as well.
- Contractor’s report. If possible, have your roofing contractor write a short report regarding the conditions of the shingles and the ventilation of the roof.
- Retain all related invoices. This includes:
- your initial receipts/invoices relating to the installation of your IKO organic shingles
- any receipts/invoices relating to repairing or replacing your IKO organic shingles, and
- any receipts/invoices establishing expenses incurred as the result of a leak (eg: drywall repairs).
- Register above to receive updates about the class action. If you have already contacted Siskinds about the class action, you will have already been registered to receive updates and do not need to complete the online registration form again.
I still have a question. Who should I contact?
If you have a question, please use the contact form provided on this page.