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This action is one of approximately 40 class actions that have been commenced regarding alleged price-fixing of automobile parts. The unlawful conspiracies relate to the prices of parts installed by automakers in new vehicles. The class actions affect any person in Canada who purchased or leased a new vehicle containing the relevant parts or who purchased the relevant parts for installation in a new vehicle (ie. automakers).

The ATF Warmers and Oil Coolers class action alleges that the Defendants unlawfully conspired to fix, increase, and/or maintain the price of ATF Warmers and/or Oil Coolers sold in North America and elsewhere.

ATF Warmers are devices located in the engine compartment of a vehicle that warm the automatic transmission fluid. ATF Warmers are intended to improve fuel economy by warming transmission fluid to lower its viscosity, allowing the transmission fluid to flow more easily.

Oil Coolers are devices located in the engine compartment of an Automotive Vehicle that remove surplus head from the engine oil.

Developments

Settlements

A settlement has been reached with the defendants, T.Rad Co., Ltd. and T.Rad North America, Inc. (“T.Rad”), in the amount of $113,476.33 and has been approved by the Ontario Court.

The settlement funds (plus interest, less court-approved fees and expenses) are being held in trust for the benefit of settlement class members. At a later date, the courts will be asked to approve a method of distributing the settlement funds to settlement class members.

Contested Litigation

Litigation is continuing against the remaining defendants and is being case managed together with the other auto parts class actions by Justice Belobaba in Toronto. The class actions are in the early stages.

FAQs

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 Automatic Transmission Fluid Warmers and Oil Coolers class action?

You are affected by the class action and are a “member” of the class if you are a person in Canada who between November 1, 2002 and August 30, 2017:

  • purchased or leased a new vehicle in Canada; or
  • purchased an automatic transmission fluid warmer and/or an oil cooler in Canada.

Can I join the class action?

There are no steps required to “join” the class action. Assuming you fall within the scope of the class definition, you are automatically included in the class action unless you “opt-out” (exclude yourself from the class action). The deadline for opting-out has passed.

What should I do to protect my rights?

To protect your rights, you should:

  1. Keep records of any purchases or leases of new vehicles from 1995 onwards. This period covers the entire duration of all auto parts price-fixing cases. You might be affected by multiple auto parts price-fixing cases;
  2. Keep records of any purchases of automatic transmission fluid warmers and/or oil coolers for installation in new vehicles from November 1, 2002 to August 30, 2017; and
  3. Register to receive updates about the class action by filling out the form below.

I still have a question. Who should I contact?

If you have a question, please use the contact form provided on this page.

Documents

Settlements

A settlement has been reached with the defendants, T.Rad Co., Ltd. and T.Rad North America, Inc. (“T.Rad”), in the amount of $113,476.33 and has been approved by the Ontario Court.

The settlement funds (plus interest, less court-approved fees and expenses) are being held in trust for the benefit of settlement class members. At a later date, the courts will be asked to approve a method of distributing the settlement funds to settlement class members.

Contested Litigation

Litigation is continuing against the remaining defendants and is being case managed together with the other auto parts class actions by Justice Belobaba in Toronto. The class actions are in the early stages.

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 Automatic Transmission Fluid Warmers and Oil Coolers class action?

You are affected by the class action and are a “member” of the class if you are a person in Canada who between November 1, 2002 and August 30, 2017:

  • purchased or leased a new vehicle in Canada; or
  • purchased an automatic transmission fluid warmer and/or an oil cooler in Canada.

Can I join the class action?

There are no steps required to “join” the class action. Assuming you fall within the scope of the class definition, you are automatically included in the class action unless you “opt-out” (exclude yourself from the class action). The deadline for opting-out has passed.

What should I do to protect my rights?

To protect your rights, you should:

  1. Keep records of any purchases or leases of new vehicles from 1995 onwards. This period covers the entire duration of all auto parts price-fixing cases. You might be affected by multiple auto parts price-fixing cases;
  2. Keep records of any purchases of automatic transmission fluid warmers and/or oil coolers for installation in new vehicles from November 1, 2002 to August 30, 2017; and
  3. Register to receive updates about the class action by filling out the form below.

I still have a question. Who should I contact?

If you have a question, please use the contact form provided on this page.

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