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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. Siskinds and Siskinds, Desmeules have respectively filed class actions in Ontario and Quebec.

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”).

All settlements have been approved by the Ontario, British Columbia and/or Quebec Courts. The Courts have also approved the protocol for the distribution of the settlement funds (the “Distribution Protocol”). A copy of the Distribution Protocol can be found here.

In accordance with the terms of the Distribution Protocol, only those Class Members with purchases of at least $5,000,000 of Drywall from the Defendants between January 1, 2012 and December 31, 2013 will be eligible to make a claim for settlement benefits. The value of Settlement Class Member’s relevant purchases will be determined using transactional data provided by the Defendants.

The Claims Administrator will be sending notice directly to qualifying Class Members. We will provide an update here when letters have been sent out.

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.

By Order dated December 19, 2019, the class action in Ontario was discontinued against the defendant Certainteed. A similar discontinuance was ordered in Quebec on February 14, 2020.

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.

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”).

All settlements have been approved by the Ontario, British Columbia and/or Quebec Courts. The Courts have also approved the protocol for the distribution of the settlement funds (the “Distribution Protocol”). A copy of the Distribution Protocol can be found here.

In accordance with the terms of the Distribution Protocol, only those Class Members with purchases of at least $5,000,000 of Drywall from the Defendants between January 1, 2012 and December 31, 2013 will be eligible to make a claim for settlement benefits. The value of Settlement Class Member’s relevant purchases will be determined using transactional data provided by the Defendants.

The Claims Administrator will be sending notice directly to qualifying Class Members. We will provide an update here when letters have been sent out.

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.

By Order dated December 19, 2019, the class action in Ontario was discontinued against the defendant Certainteed. A similar discontinuance was ordered in Quebec on February 14, 2020.

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.