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The deadline for applying for money from these settlements has passed.  The settlement funds have been distributed to approved claimants.

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

Settlements have been achieved with all defendants totalling $1.1 million.

In accordance with the terms of the Court approved Distribution Protocol, only Class Members with purchase of at least $5,000,000 of Drywall from the Defendants between January 1, 2012 and December 31, 2013 were eligible to make a claim.

Developments

Settlements

Settlements were reached with the following defendants, totalling $1,142,150:

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

All the settlements were approved by the courts of Ontario, British Columbia and/or Quebec. The courts have also approved the distribution protocol. A copy of the distribution protocol can be found here.

The deadline for applying for money from these settlements has passed.  The settlement funds have been distributed to approved claimants.

The class action has been resolved in its entirety.

Discontinuance

By order dated February 13, 2014, the action was discontinued in Ontario against the defendant American Gypsum Company LLC et Eagle Materials Inc.

By order dated December 19, 2019, the action was discontinued in Ontario against the defendant Certainteed. A similar order was rendered on February 14, 2020 in Quebec.

FAQs

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 purchased at least $5,000,000 of Drywall from the Defendants between January 1, 2012 and December 31, 2013.

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 opt-out of the class action?

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

I still have a question. Who should I contact?

If you have any other questions, please complete the Get in Touch form below.

Documents

Distribution Protocol

Notice of Settlement Approval Hearing and Distribution of Settlement Funds (English) (French)

TIN Settlement Agreement
Lafarge Settlement Agreement
New NGC Settlement Agreement
Pabco Settlement Agreement
USG Settlement Agreement
Georgia-Pacific Settlement Agreement

February 13, 2014 Discontinue Order as Against American Gypsum Company LLC and Eagle Materials Inc.

Judgments and Settlement Approval Orders (Quebec, in french only)

Closing judgement - Superior Court - September 22, 2022

Discontinuance judgment against Certainteed - Superior Court - February 14, 2020

Lafarge Settlement Approval Order - Superior Court - January 21, 2020
New NGC Settlement Approval Order- Superior Court - January 21, 2020
Pabco Settlement Approval Order- Superior Court - January 21, 2020
USG Settlement Approval Order- Superior Court - January 21, 2020
TIN Settlement Approval Order  - Superior Court - November 10, 2016

Judgment authorizing the class action for settlement purposes - Superior Court - October 1, 2019

Settlements

Settlements were reached with the following defendants, totalling $1,142,150:

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

All the settlements were approved by the courts of Ontario, British Columbia and/or Quebec. The courts have also approved the distribution protocol. A copy of the distribution protocol can be found here.

The deadline for applying for money from these settlements has passed.  The settlement funds have been distributed to approved claimants.

The class action has been resolved in its entirety.

Discontinuance

By order dated February 13, 2014, the action was discontinued in Ontario against the defendant American Gypsum Company LLC et Eagle Materials Inc.

By order dated December 19, 2019, the action was discontinued in Ontario against the defendant Certainteed. A similar order was rendered on February 14, 2020 in Quebec.

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 purchased at least $5,000,000 of Drywall from the Defendants between January 1, 2012 and December 31, 2013.

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 opt-out of the class action?

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

I still have a question. Who should I contact?

If you have any other questions, please complete the Get in Touch form below.

Distribution Protocol

Notice of Settlement Approval Hearing and Distribution of Settlement Funds (English) (French)

TIN Settlement Agreement
Lafarge Settlement Agreement
New NGC Settlement Agreement
Pabco Settlement Agreement
USG Settlement Agreement
Georgia-Pacific Settlement Agreement

February 13, 2014 Discontinue Order as Against American Gypsum Company LLC and Eagle Materials Inc.

Judgments and Settlement Approval Orders (Quebec, in french only)

Closing judgement - Superior Court - September 22, 2022

Discontinuance judgment against Certainteed - Superior Court - February 14, 2020

Lafarge Settlement Approval Order - Superior Court - January 21, 2020
New NGC Settlement Approval Order- Superior Court - January 21, 2020
Pabco Settlement Approval Order- Superior Court - January 21, 2020
USG Settlement Approval Order- Superior Court - January 21, 2020
TIN Settlement Approval Order  - Superior Court - November 10, 2016

Judgment authorizing the class action for settlement purposes - Superior Court - October 1, 2019