Settlements, totaling approximately CDN$37.4 million have been reach with the following defendants:
- Toshiba Corporation, Toshiba Corporation, Toshiba Mobile Display Co., Ltd. (formerly known as Toshiba Matsushita Display Technology Co., Ltd. and subsequently known as Japan Display Central Inc. and now part of Japan Display Inc.), Toshiba America Inc. (incorrectly named as Toshiba America Corporation), and Toshiba of Canada Limited (collectively “Toshiba”) (USD$2,150,000; CDN$2,765,330
- AU Optronics Corporation and AU Optronics Corporation America (collectively “AU Optronics”) (USD$8,680,000; approximately CDN$11,409,286.60)
- LG Display Co., Ltd., LG Philips LCD Co., Ltd., LG Display America, Inc. and LGPhilips LCD America Inc. (collectively “LG”) (CDN$21,200,000)
- HannStar Display Corporation (“HannStar”) (CDN$2,050,000)
The Toshiba and AU Optronics settlements have been approved by the courts in Ontario, British Columbia and Quebec.
A motion to approve the LG and HannStar settlements will be heard before the Ontario court on March 24, 2017 at 11:30 a.m. EST and Quebec court on April 11, 2017 at 1:00 p.m. EST. The settlement approval hearing in British Columbia will proceed subsequently in writing.
The settlement funds (plus interest, less court-approved fees and expenses) are being held in trust for the benefit of settlement class members. At the LG and HannStar approval hearings, the courts will be asked to approve a method of distributing the settlement funds to settlement class members. Please click here to view a copy of the Proposed Distribution Protocol.
Five settlements, totaling $37.6 million, have previously been reached in the litigation. Settlements have been made with the following defendants:
•Chunghwa Picture Tubes, Ltd. ($2,023,000)
•Imaging Devices Corporation (formerly known as Sanyo Epson Imaging Devices Corporation) ($1,200,000)
•Samsung Electronics Co. Ltd. and Samsung Electronics Canada Inc. ($21,250,000)
•Innolux Corporation (successor to Chi Mei Optoelectronics Corporation) ($10,000,000)
•Japan Display Inc. (successor to Hitachi Displays, Ltd.) on its behalf and on behalf of Hitachi Ltd., Hitachi Canada, Ltd., Hitachi America Ltd., Hitachi Electronics Devices (USA) Inc. ($3,150,000)
The deadline for applying for money from these settlements has passed. The settlement funds have been distributed to approved claimants.
Litigation is continuing against Sharp Corporation, Sharp Electronics Corporation and Sharp Electronics of Canada Ltd.
In May 2011, the court certified the action as a class proceeding. This means that the court found that the action is properly prosecuted as a class action. The case was certified on behalf of all persons in Canada (excluding defendants and their respective parents, employees, subsidiaries, affiliates, officers and directors) who purchased LCD Panels and/or LCD Products directly from a defendant or any entity affiliated with a defendant, a named original equipment manufacturer or a named distributor in Canada between January 1998 and December 2006. To view a copy of the certification decision, please click here.
The defendants were granted leave to appeal the certification decision. The appeal was heard on November 18, 2015 and was dismissed by the Divisional Court on December 24, 2015. To view a copy of the Divisional Court decision, please click here.
The Plaintiff brought a motion to amend the class definition to include all purchasers of LCD Panels and/or LCD Products. By reasons dated July 29, 2016, Justice Grace denied the Plaintiff’s motion to include all purchasers of LCD Panels and/or LCD Products but granted the Plaintiff’s alternative relief to expand the list of named OEMs and distributors from whom class members could have purchased LCD Panels and/or LCD Products. To view of copy of Justice Grace’s decision, please click here. The plaintiff is seeking leave to appeal this decision.
A separate action was commenced against defendants based in Taiwan. That action has been resolved against all defendants.