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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 braking systems class action alleges that the Defendants unlawfully conspired to fix, increase, and/or maintain the price of braking systems sold in North America and elsewhere. The alleged conspiracy affected the market from at least February 1, 2007 to July 31, 2011.

Braking systems refers to hydraulic or electronic braking systems. Hydraulic braking systems are automotive systems that transmit brake pedal force to automotive wheel brakes through pressurized fluid contained in brake cylinders. An electronic braking system is an electronically activated automotive braking system that reduces response and build-up times in brake cylinders.

Developments

This class action is in the early stages. The other auto parts class actions are being case managed together by Justice Belobaba in Toronto. The braking systems class action has not yet been assigned to a case management judge.

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 braking systems 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 February 1, 2007 and July 31, 2011:

  • purchased or leased a new vehicle in Canada; or
  • purchased a braking system in Canada for installation in a new vehicle.

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).

Can I exclude myself from the class action?

Yes. After the class action is certified, you will be given an opportunity to opt out (exclude yourself from the class action). If you opt out, you will not be able to participate in any settlement or court award achieved in the class action, but you may be able to pursue your claim on an individual basis. Generally speaking, you would only want to opt out of a class action if you intend to bring individual litigation. In most circumstances, it is more cost effective to participate in a class action because the legal costs are spread over a large number of people, making it more economic for any individual class member to obtain relief.

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 a braking system for installation in new vehicles from February 1, 2007 to July 31, 2011; and
  3. Register to receive updates on this case by filling out the form below.

I still have a question. Who should I contact?

If you have any other questions, please complete the contact form below.

This class action is in the early stages. The other auto parts class actions are being case managed together by Justice Belobaba in Toronto. The braking systems class action has not yet been assigned to a case management judge.

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 braking systems 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 February 1, 2007 and July 31, 2011:

  • purchased or leased a new vehicle in Canada; or
  • purchased a braking system in Canada for installation in a new vehicle.

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).

Can I exclude myself from the class action?

Yes. After the class action is certified, you will be given an opportunity to opt out (exclude yourself from the class action). If you opt out, you will not be able to participate in any settlement or court award achieved in the class action, but you may be able to pursue your claim on an individual basis. Generally speaking, you would only want to opt out of a class action if you intend to bring individual litigation. In most circumstances, it is more cost effective to participate in a class action because the legal costs are spread over a large number of people, making it more economic for any individual class member to obtain relief.

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 a braking system for installation in new vehicles from February 1, 2007 to July 31, 2011; and
  3. Register to receive updates on this case by filling out the form below.

I still have a question. Who should I contact?

If you have any other questions, please complete the contact form below.

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