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

HCPs are located in the center console of an automobile and consist of operational panels incorporating buttons and switches that control the temperature of the interior of the automobile.

Developments

Settlements

A settlement has been reached with the defendants, Sumitomo Electric Industries, Ltd., SEWS Canada Ltd., Sumitomo Wiring Systems, Ltd., Sumitomo Electric Wiring Systems, Inc., Sumitomo Wiring Systems (U.S.A.), Inc., K & S Wiring Systems Inc. and Sumitomo Electric Wintec America, Inc. (“Sumitomo”), in the amount of $150,000. The Sumitomo 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. The class actions are in the early stages.

By orders dated June 14, 2013 and June 25, 2014, the action was discontinued on a without costs and without prejudice basis as against the following Defendants:

  • Delphi Automotive PLC, Delphi Automotive LLP, Delphi Automotive Systems, LLC and Visteon Corporation;
  • K&S Wiring Systems Inc. and Sumitomo Electric Wintec America lnc.

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 HCPs 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, 2000 and November 2, 2016:

  • purchased or leased a new vehicle in Canada; or
  • purchased a HCP 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).

Can I exclude myself from the class action?

The time to opt-out of the action 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 HCPs for installation in new vehicles from January 1, 2000 to November 2, 2016; 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.

Documents

Settlements

Contested Litigation

Settlements

A settlement has been reached with the defendants, Sumitomo Electric Industries, Ltd., SEWS Canada Ltd., Sumitomo Wiring Systems, Ltd., Sumitomo Electric Wiring Systems, Inc., Sumitomo Wiring Systems (U.S.A.), Inc., K & S Wiring Systems Inc. and Sumitomo Electric Wintec America, Inc. (“Sumitomo”), in the amount of $150,000. The Sumitomo 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. The class actions are in the early stages.

By orders dated June 14, 2013 and June 25, 2014, the action was discontinued on a without costs and without prejudice basis as against the following Defendants:

  • Delphi Automotive PLC, Delphi Automotive LLP, Delphi Automotive Systems, LLC and Visteon Corporation;
  • K&S Wiring Systems Inc. and Sumitomo Electric Wintec America lnc.

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 HCPs 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, 2000 and November 2, 2016:

  • purchased or leased a new vehicle in Canada; or
  • purchased a HCP 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).

Can I exclude myself from the class action?

The time to opt-out of the action 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 HCPs for installation in new vehicles from January 1, 2000 to November 2, 2016; 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.

Settlements

Contested Litigation

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