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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 fuel senders class action alleges that the Defendants unlawfully conspired to fix, increase, and/or maintain the price of fuel senders sold in North America and elsewhere.

Fuel senders are located in the fuel tank of an automobile. Fuel senders measure the amount of fuel in the tank and send a signal to the fuel gauge regarding fuel levels.

Developments

Settlements

A settlement has been reached with the defendants, Yazaki Corporation and Yazaki North America, Inc. in the amount of $100,000 (the “Yazaki Settlement”). The Yazaki Settlement was approved by the Ontario, British Columbia and Quebec courts. The time to opt-out of the action has passed.

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.

By orders dated June 14, 2013 and December 5, 2013, the action was discontinued on a without costs and without prejudice basis as against the Defendants, Spectra Premium Industries Inc., Nippon Seiki Co., Ltd., N.S. International, Ltd., and New Sabina Industries, Inc.

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 fuel senders 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 January 1, 1999 and March 1, 2010:

  • purchased or leased a new vehicle in Canada; or
  • purchased a fuel sender in Canada for installation in a new vehicle.

Can I exclude myself from the class action?

The time to opt-out of the action has passed.

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 and 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?

  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 fuel senders for installation in new vehicles from January 1, 1999 to March 1, 2010.
  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.

Settlements

A settlement has been reached with the defendants, Yazaki Corporation and Yazaki North America, Inc. in the amount of $100,000 (the “Yazaki Settlement”). The Yazaki Settlement was approved by the Ontario, British Columbia and Quebec courts. The time to opt-out of the action has passed.

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.

By orders dated June 14, 2013 and December 5, 2013, the action was discontinued on a without costs and without prejudice basis as against the Defendants, Spectra Premium Industries Inc., Nippon Seiki Co., Ltd., N.S. International, Ltd., and New Sabina Industries, Inc.

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 fuel senders 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 January 1, 1999 and March 1, 2010:

  • purchased or leased a new vehicle in Canada; or
  • purchased a fuel sender in Canada for installation in a new vehicle.

Can I exclude myself from the class action?

The time to opt-out of the action has passed.

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 and 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?

  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 fuel senders for installation in new vehicles from January 1, 1999 to March 1, 2010.
  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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