519 672 2121
519 672 2121
Close mobile menu

The Drywall class action alleges that the Defendants unlawfully conspired to fix, increase, and/or maintain the price of Drywall sold in North America between September 1, 2011 and the present.

Drywall, sometimes known as gypsum board, wallboard, sheetrock or plasterboard, is a panel made of gypsum plaster pressed between two thick sheets of paper. It is used to make interior walls and ceilings. Drywall is used in virtually every new residential and commercial construction project. Depending on the nature of the renovations, drywall is also used when renovating residential and commercial buildings.

Developments

Settlement

Settlements have been reached with the following defendants totaling CDN$1,142,150:

  • TIN Inc. (“TIN”);
  • Lafarge North America Inc. and Lafarge Canada Inc. (“Lafarge”);
  • New NGC, Inc. (“New NGC”);
  • Pabco Building Products, LLC (“Pabco”);
  • USG Corporation, United States Gypsum Company, and CGC Inc. (“USG”); and
  • Georgia-Pacific LLC and GP Canada Operations Holding ULC (“Georgia-Pacific”).

The Lafarge, New NGC, Pabco and USG settlements are subject to Court approval in Ontario and Quebec. The Georgia-Pacific settlement is subject to Court approval in Ontario. Motions to approve these settlements will be heard in the Ontario Court in the City of Owen Sound on December 19, 2019 at 10:00 a.m. and in the Quebec Court in Quebec City on January 15, 2020 at 9:30 a.m.

The TIN settlement was previously approved by the Ontario, British Columbia and Quebec Courts.

The settlement funds (plus interest, less court-approved fees and expenses) are being held in trust for the benefit of settlement class members. At the settlement approval hearing, the courts will be asked to approve a method for distributing the settlement funds to class members. A copy of the proposed Distribution Protocol can be found here.

Contested Litigation

By Order dated February 13, 2014, the class action was discontinued on a without costs and without prejudice basis as against the Defendants, American Gypsum Company LLC and Eagle Materials 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 drywall 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 September 2011 and March 2016 purchased drywall.

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 of drywall since September 2011.
  2. 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

Settlement

Settlements have been reached with the following defendants totaling CDN$1,142,150:

  • TIN Inc. (“TIN”);
  • Lafarge North America Inc. and Lafarge Canada Inc. (“Lafarge”);
  • New NGC, Inc. (“New NGC”);
  • Pabco Building Products, LLC (“Pabco”);
  • USG Corporation, United States Gypsum Company, and CGC Inc. (“USG”); and
  • Georgia-Pacific LLC and GP Canada Operations Holding ULC (“Georgia-Pacific”).

The Lafarge, New NGC, Pabco and USG settlements are subject to Court approval in Ontario and Quebec. The Georgia-Pacific settlement is subject to Court approval in Ontario. Motions to approve these settlements will be heard in the Ontario Court in the City of Owen Sound on December 19, 2019 at 10:00 a.m. and in the Quebec Court in Quebec City on January 15, 2020 at 9:30 a.m.

The TIN settlement was previously approved by the Ontario, British Columbia and Quebec Courts.

The settlement funds (plus interest, less court-approved fees and expenses) are being held in trust for the benefit of settlement class members. At the settlement approval hearing, the courts will be asked to approve a method for distributing the settlement funds to class members. A copy of the proposed Distribution Protocol can be found here.

Contested Litigation

By Order dated February 13, 2014, the class action was discontinued on a without costs and without prejudice basis as against the Defendants, American Gypsum Company LLC and Eagle Materials 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 drywall 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 September 2011 and March 2016 purchased drywall.

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 of drywall since September 2011.
  2. 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.

Contact Us

There Was An Error