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The Auto Parts actions are comprised of approximately forty-five (45) 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). In Ontario, the auto parts class actions are being case managed together by Justice Belobaba in Toronto. In Quebec, Applications for authorization to institute class actions have also been filed and are case managed by Justice Clément Samson, j.c.s.. The following is a list of the actions started to date in one or both jurisdictions:

Air Conditioning Systems, Air Flow Meters, Alternators, Anti-Vibration Rubber Parts, Autolights, Automatic Transmission Fluid Warmers and Oil Coolers, Automotive Brake Hoses, Automotive Exhaust Systems, Automotive Steel Tubes, Bearings, Braking Systems, Body Sealing Parts, Ceramic Substrates, Constant Velocity Joint Boot, Electric Powered Steering Assemblies, Electronic Control Units (ECU), Electronic Throttle Bodies, Fan Motors, Fuel Injection Systems, Fuel Senders, Heater Control Panels (HCP), High Intensity Discharge Ballasts (HID Ballasts), Hoses, Ignition Coils, Instrument Panel Clusters (IPC), Inverters, Manual Steering Columns, Motor Generators, Occupant Safety Systems (OSS), Oxygen Sensors, Plastic Interior Trim, Power Window Motors, Power Window Switches, Radiators, Shock Absorbers, Spark Plugs, Starters, Steering Angle Sensors, Switches, Windshield Washer Systems, Windshield Wiper Systems, Wire Harness Systems.

A description of each automotive part and the relevant class periods can be found here.

Developments

Settlements

To date, settlements have been entered into with 37 defendant groups, totalling approximately $138 million. Details of the settlements can be found here­.

The Alpha, Continental, Espar, JTEKT, Koito, Maruyasu, Meritor, NTN, Tenneco, Tokai Rika, Toyo Tire, Toyoda Gosei, and Yamashita settlements are subject to court approval in Ontario, British Columbia and/or Quebec, as applicable. The Courts will decide whether to approve the settlements as fair, reasonable and in the best interest of the settlement class.

The Ontario Court will hold a hearing to decide whether to approve these settlements on August 27, 2020 at 10:00 a.m., by videoconference. If you wish to attend, please email [email protected] for further details.

The Quebec Court will hold a hearing to decide whether to approve some of these settlements in virtual hearing room 9001 (https://webrtc.scvc.gouv.qc.ca; code: 86219001) on September 24, 2020 at 9:00 a.m.

In accordance with the Canadian Judicial Protocol for the Management of Multi-Jurisdictional Class Actions, if the Ontario Court approves the settlements, the BC settlement approval applications will be heard in writing

A copy of the Notice of Hearing can be found here.

All other settlements were previously approved by the Ontario, British Columbia and/or Quebec Courts, as applicable

The settlement funds (plus interest, less court-approved fees and expenses) are being held in trust for the benefit of settlement class members. See the Distribution section below for additional details.

Notice of Discontinuance in the Bearings Class Action

The Bearings Statement of Claim currently asserts claims on behalf of persons in Canada who purchased bearings and/or who purchased and/or leased products containing bearings (including automotive vehicles, light, medium and heavy duty vehicles, buses, commercial vehicles, industrial machinery, construction equipment, mining equipment and/or railway vehicles).

The Ontario Court approved amendments to the Bearings Statement of Claim to discontinue the industrial bearings portion of the class action.  As a result, the class action will only advance claims relating to bearings installed in new Automotive Vehicles. These claims are advanced on behalf of persons in Canada who purchased bearings for installation in new Automotive Vehicles and/or who purchased or leased new Automotive Vehicles.

If you purchased industrial bearings and/or purchased and/or leased industrial machinery containing bearings you may have the option of commencing your own action. The limitation period for bringing a claim, if there is any time left within it, will recommence on October 5, 2020, subject to any tolling of limitation periods as a result of COVID-19.  On the expiry of the limitation period, your right to sue may be extinguished. Limitation periods vary across Canada. As a result, you should seek legal advice from local counsel.

If you wish to pursue a court claim regarding industrial bearings or industrial machinery containing bearings, you should issue a Notice of Action or Statement of Claim (or equivalent document in your province), if you have not already done so, before the applicable limitation period expires. You may wish to consult your own lawyer about this.

Distribution

Approved - Automotive Wire Harness Systems

Settlements have been reached with all defendants in the Automotive Wire Harness Systems action. The Courts have approved a protocol for the distribution of the Automotive Wire Harness Systems settlement funds.

The deadline to apply for compensation has passed. The Claims Administrator is currently processing the claims received. This process can take anywhere from a year to 18 months from the claims deadline. Visit www.autopartsettlement.ca for updates.

Approved – Air Flow Meters, Electronic Control Units, Fan Motors, Fuel Senders, Power Window Motors, and Windshield Washer Systems

Settlements have been reached with all defendants in the above-noted actions. The Courts have approved a protocol for the distribution of the settlement funds. Persons who applied to receive settlement benefits in the Automotive Wire Harness Systems class action will automatically be considered for eligibility to participate in the distribution. Eligibility will be based on the information provided in the context of the Automotive Wire Harness Systems class action.

A copy of the Distribution Protocol can be found here.

Contested Litigation

None of the cases have been decided on their merits. However, several of the actions have proceeded to or are proceeding towards certification. 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).

In Quebec, the bearings and fuel injection systems class action were authorized (certified) on behalf of residents of Quebec.

The Plaintiffs have brought motions for certification or authorization in the Anti-Vibration Rubber Parts, and Radiators class actions.

Discontinuances

The Plaintiffs have discontinued, on a without costs and without prejudice basis, various actions against certain defendants. Details of the discontinuances can be found here.

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.

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 auto parts class actions?

You are affected by an auto parts class action if you are a person in Canada who, during the relevant class period:

  • purchased or leased a new or used Automotive Vehicle in Canada;
  • purchased a new or used Automotive Vehicle for import into Canada; or
  • purchased an automotive part in Canada for installation in a new Automotive Vehicle.

A description of the automotive parts and the relevant class periods can be found here.

In several cases, the courts have approved or have been asked to approve a protocol for the distribution of the settlement funds (see Developments, Distribution).  At a later stage, the courts will be asked to approve a protocol for the distribution of the settlement funds in the other class actions.  At that stage, the courts will be asked to determine which settlement class members are entitled to share in the distribution.

Can I join the class action?

There are no steps required to “join” the class action. Unless you opt-out (exclude yourself) from the class action), assuming you fall within the scope of the class definition, you are automatically included in the class action.

Can I exclude myself from the class action?

In some of the class actions, the period to opt-out of (exclude yourself from) the class action has expired.  In other cases, the period to opt-out will run in the future.  Details of the status of the opt-out are available here.

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.

If you exclude yourself or opt out:

  • you will not be eligible to participate in the ongoing class action, and
  • you will not receive any money from the class action, but
  • you will be able to start or continue your own case against the defendants regarding the claims at issue in the class action.

If you do nothing, and so do not exclude yourself or opt out:

  • you will be eligible to participate in the ongoing class action, and
  • you may receive money from the class action, but
  • you will not be able to start or continue your own case against the defendants regarding the claims at issue in the class action.

You will only be provided with a single opportunity to opt-out of the class actions.

What should I do to protect my rights?

To protect your rights, you should:

  1. Keep records of any purchases or leases of all new Automotive Vehicles, or automotive parts in respect of which there is pending litigation, from January 1995 onward. Records include invoices, receipts, original purchase or lease records, or historical accounting records. A description of the automotive parts and the relevant class periods can be found here;
  2. Automotive dealerships should keep records of any sales or leases of new Automotive Vehicles, or automotive parts from January 1995 onward; 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

DISTRIBUTION

Automotive Wire Harness Systems

Air Flow Meters, Electronic Control Units, Fan Motors, Fuel Senders, Power Window Motors, and Windshield Washer Systems

SETTLEMENTS

  • Autoliv, Inc., Autoliv ASP, Inc., Autoliv B.V. & Co. K.G., Autoliv Electronics Canada Inc., Autoliv Japan Ltd., Autoliv Safety Technology, Inc., Autoliv Canada, Inc. and VOA Canada Inc.
  • Continental AG, Continental Automotive Systems, Inc. Continental Tire Canada, Inc. (formerly known as Continental Automotive Canada, Inc.), Continental Automotive Electronics LLC, and Continental Automotive Korea, Ltd.
  • DENSO Corporation, DENSO International America, Inc., DENSO Manufacturing Canada, Inc., DENSO Sales Canada, Inc., DENSO Korea Corporation (f/k/a separately as DENSO International Korea Corporation and DENSO Korea Automotive Corporation), DENSO Products and Services Americas, Inc. (f/k/a DENSO Sales California, Inc.), DENSO Automotive Deutschland GmbH, ASMO Co., Ltd., ASMO North America, LLC, ASMO North Carolina, Inc., ASMO Greenville of North Carolina, Inc., ASMO Manufacturing, Inc., Korea Wiper Blade Co., Ltd. and Techma Corporation
  • Eberspächer Gruppe GmbH & Co. KG, Eberspächer Exhaust Technology GmbH (formerly Eberspächer Exhaust Technology GmbH & Co. KG), Eberspächer North America, Inc., and Eberspächer Climate Control Systems Canada Inc. (formerly Espar Products Inc.)
  • JTEKT Corporation, JTEKT North America Corporation, JTEKT Automotive North America, Inc., Koyo Deutschland GmbH, Koyo Corporation of U.S.A. and Koyo Canada Inc.
  • NTN Corporation, NTN USA Corporation, NTN Bearing Corp. of America, NTN Bearing Corp. of Canada Ltd., NTN Wälzlager (Europa) GmbH, and NTN-SNR Roulements SA
  • Tokai Rika Co., Ltd., TRAM, Inc., TRMI, Inc., TRIN, Inc., TRQSS, Inc., and TAC Manufacturing Inc.
  • Toyoda Gosei Co., Ltd., Toyoda Gosei North America Corporation, Waterville TG Inc., TG Automotive Sealing Kentucky, LLC, TG Kentucky, LLC, TG Fluid Systems USA Corporation, TG Missouri Corporation, TG Minto Corporation, Fuel Total Systems Kentucky Corporation, Toyoda Gosei Holdings Inc., Toyoda Gosei Rubber Mexico S.A. De C.V., Meteor Sealing Systems, LLC, and LMI Custom Mixing, LLC

Settlements

To date, settlements have been entered into with 37 defendant groups, totalling approximately $138 million. Details of the settlements can be found here­.

The Alpha, Continental, Espar, JTEKT, Koito, Maruyasu, Meritor, NTN, Tenneco, Tokai Rika, Toyo Tire, Toyoda Gosei, and Yamashita settlements are subject to court approval in Ontario, British Columbia and/or Quebec, as applicable. The Courts will decide whether to approve the settlements as fair, reasonable and in the best interest of the settlement class.

The Ontario Court will hold a hearing to decide whether to approve these settlements on August 27, 2020 at 10:00 a.m., by videoconference. If you wish to attend, please email [email protected] for further details.

The Quebec Court will hold a hearing to decide whether to approve some of these settlements in virtual hearing room 9001 (https://webrtc.scvc.gouv.qc.ca; code: 86219001) on September 24, 2020 at 9:00 a.m.

In accordance with the Canadian Judicial Protocol for the Management of Multi-Jurisdictional Class Actions, if the Ontario Court approves the settlements, the BC settlement approval applications will be heard in writing

A copy of the Notice of Hearing can be found here.

All other settlements were previously approved by the Ontario, British Columbia and/or Quebec Courts, as applicable

The settlement funds (plus interest, less court-approved fees and expenses) are being held in trust for the benefit of settlement class members. See the Distribution section below for additional details.

Notice of Discontinuance in the Bearings Class Action

The Bearings Statement of Claim currently asserts claims on behalf of persons in Canada who purchased bearings and/or who purchased and/or leased products containing bearings (including automotive vehicles, light, medium and heavy duty vehicles, buses, commercial vehicles, industrial machinery, construction equipment, mining equipment and/or railway vehicles).

The Ontario Court approved amendments to the Bearings Statement of Claim to discontinue the industrial bearings portion of the class action.  As a result, the class action will only advance claims relating to bearings installed in new Automotive Vehicles. These claims are advanced on behalf of persons in Canada who purchased bearings for installation in new Automotive Vehicles and/or who purchased or leased new Automotive Vehicles.

If you purchased industrial bearings and/or purchased and/or leased industrial machinery containing bearings you may have the option of commencing your own action. The limitation period for bringing a claim, if there is any time left within it, will recommence on October 5, 2020, subject to any tolling of limitation periods as a result of COVID-19.  On the expiry of the limitation period, your right to sue may be extinguished. Limitation periods vary across Canada. As a result, you should seek legal advice from local counsel.

If you wish to pursue a court claim regarding industrial bearings or industrial machinery containing bearings, you should issue a Notice of Action or Statement of Claim (or equivalent document in your province), if you have not already done so, before the applicable limitation period expires. You may wish to consult your own lawyer about this.

Distribution

Approved - Automotive Wire Harness Systems

Settlements have been reached with all defendants in the Automotive Wire Harness Systems action. The Courts have approved a protocol for the distribution of the Automotive Wire Harness Systems settlement funds.

The deadline to apply for compensation has passed. The Claims Administrator is currently processing the claims received. This process can take anywhere from a year to 18 months from the claims deadline. Visit www.autopartsettlement.ca for updates.

Approved – Air Flow Meters, Electronic Control Units, Fan Motors, Fuel Senders, Power Window Motors, and Windshield Washer Systems

Settlements have been reached with all defendants in the above-noted actions. The Courts have approved a protocol for the distribution of the settlement funds. Persons who applied to receive settlement benefits in the Automotive Wire Harness Systems class action will automatically be considered for eligibility to participate in the distribution. Eligibility will be based on the information provided in the context of the Automotive Wire Harness Systems class action.

A copy of the Distribution Protocol can be found here.

Contested Litigation

None of the cases have been decided on their merits. However, several of the actions have proceeded to or are proceeding towards certification. 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).

In Quebec, the bearings and fuel injection systems class action were authorized (certified) on behalf of residents of Quebec.

The Plaintiffs have brought motions for certification or authorization in the Anti-Vibration Rubber Parts, and Radiators class actions.

Discontinuances

The Plaintiffs have discontinued, on a without costs and without prejudice basis, various actions against certain defendants. Details of the discontinuances can be found here.

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.

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 auto parts class actions?

You are affected by an auto parts class action if you are a person in Canada who, during the relevant class period:

  • purchased or leased a new or used Automotive Vehicle in Canada;
  • purchased a new or used Automotive Vehicle for import into Canada; or
  • purchased an automotive part in Canada for installation in a new Automotive Vehicle.

A description of the automotive parts and the relevant class periods can be found here.

In several cases, the courts have approved or have been asked to approve a protocol for the distribution of the settlement funds (see Developments, Distribution).  At a later stage, the courts will be asked to approve a protocol for the distribution of the settlement funds in the other class actions.  At that stage, the courts will be asked to determine which settlement class members are entitled to share in the distribution.

Can I join the class action?

There are no steps required to “join” the class action. Unless you opt-out (exclude yourself) from the class action), assuming you fall within the scope of the class definition, you are automatically included in the class action.

Can I exclude myself from the class action?

In some of the class actions, the period to opt-out of (exclude yourself from) the class action has expired.  In other cases, the period to opt-out will run in the future.  Details of the status of the opt-out are available here.

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.

If you exclude yourself or opt out:

  • you will not be eligible to participate in the ongoing class action, and
  • you will not receive any money from the class action, but
  • you will be able to start or continue your own case against the defendants regarding the claims at issue in the class action.

If you do nothing, and so do not exclude yourself or opt out:

  • you will be eligible to participate in the ongoing class action, and
  • you may receive money from the class action, but
  • you will not be able to start or continue your own case against the defendants regarding the claims at issue in the class action.

You will only be provided with a single opportunity to opt-out of the class actions.

What should I do to protect my rights?

To protect your rights, you should:

  1. Keep records of any purchases or leases of all new Automotive Vehicles, or automotive parts in respect of which there is pending litigation, from January 1995 onward. Records include invoices, receipts, original purchase or lease records, or historical accounting records. A description of the automotive parts and the relevant class periods can be found here;
  2. Automotive dealerships should keep records of any sales or leases of new Automotive Vehicles, or automotive parts from January 1995 onward; 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.

DISTRIBUTION

Automotive Wire Harness Systems

Air Flow Meters, Electronic Control Units, Fan Motors, Fuel Senders, Power Window Motors, and Windshield Washer Systems

SETTLEMENTS

  • Autoliv, Inc., Autoliv ASP, Inc., Autoliv B.V. & Co. K.G., Autoliv Electronics Canada Inc., Autoliv Japan Ltd., Autoliv Safety Technology, Inc., Autoliv Canada, Inc. and VOA Canada Inc.
  • Continental AG, Continental Automotive Systems, Inc. Continental Tire Canada, Inc. (formerly known as Continental Automotive Canada, Inc.), Continental Automotive Electronics LLC, and Continental Automotive Korea, Ltd.
  • DENSO Corporation, DENSO International America, Inc., DENSO Manufacturing Canada, Inc., DENSO Sales Canada, Inc., DENSO Korea Corporation (f/k/a separately as DENSO International Korea Corporation and DENSO Korea Automotive Corporation), DENSO Products and Services Americas, Inc. (f/k/a DENSO Sales California, Inc.), DENSO Automotive Deutschland GmbH, ASMO Co., Ltd., ASMO North America, LLC, ASMO North Carolina, Inc., ASMO Greenville of North Carolina, Inc., ASMO Manufacturing, Inc., Korea Wiper Blade Co., Ltd. and Techma Corporation
  • Eberspächer Gruppe GmbH & Co. KG, Eberspächer Exhaust Technology GmbH (formerly Eberspächer Exhaust Technology GmbH & Co. KG), Eberspächer North America, Inc., and Eberspächer Climate Control Systems Canada Inc. (formerly Espar Products Inc.)
  • JTEKT Corporation, JTEKT North America Corporation, JTEKT Automotive North America, Inc., Koyo Deutschland GmbH, Koyo Corporation of U.S.A. and Koyo Canada Inc.
  • NTN Corporation, NTN USA Corporation, NTN Bearing Corp. of America, NTN Bearing Corp. of Canada Ltd., NTN Wälzlager (Europa) GmbH, and NTN-SNR Roulements SA
  • Tokai Rika Co., Ltd., TRAM, Inc., TRMI, Inc., TRIN, Inc., TRQSS, Inc., and TAC Manufacturing Inc.
  • Toyoda Gosei Co., Ltd., Toyoda Gosei North America Corporation, Waterville TG Inc., TG Automotive Sealing Kentucky, LLC, TG Kentucky, LLC, TG Fluid Systems USA Corporation, TG Missouri Corporation, TG Minto Corporation, Fuel Total Systems Kentucky Corporation, Toyoda Gosei Holdings Inc., Toyoda Gosei Rubber Mexico S.A. De C.V., Meteor Sealing Systems, LLC, and LMI Custom Mixing, LLC

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