On May 15, 2020, Siskinds Desmeules, the Quebec firm affiliated with Siskinds LLP, commenced a proposed class action against two of the largest Interior Molded Door manufacturers in North America - JELD-WEN Inc., Masonite International Corporation, and their subsidiaries (the “Defendants”).
On September 9, 2020, Siskinds LLP filed a similar proposed class action lawsuit in Federal Court
The proposed actions allege that the Defendants unlawfully conspired to fix, increase, and/or maintain the price of Interior Molded Doors sold in Canada and throughout North America between March 1, 2014 and July 30, 2024. The claims also allege that the Defendants agreed to reduce the supply of Interior Molded Doors, control the supply of input materials, and/or refuse to provide input materials to third-party manufacturers.
In the Federal Court action, the plaintiff seeks to represent all persons in Canada who purchased Interior Molded Doors between March 1, 2014 and July 30, 2024. In the Quebec action, the plaintiff seeks to represent all persons in Quebec who purchased Interior Molded Doors during the same time period.
An Interior Molded Door is a type of composite wood door that is used primarily in residential construction, including the construction and/or remolding of homes and/or apartment units, for closets, rooms, and/or hallways. They are the most popular type of interior door in North America.
Developments
Federal Court Action
Settlements have been reached with the following defendants totalling approximately CDN$2.2 million:
- Masonite International Corporation and Masonite Corporation for CDN$1,151,920; and
- JELD-WEN, Inc., JELD-WEN Holding, Inc., and JELD-WEN of Canada, Ltd. for CDN$1,060,000.
The settlements are subject to the approval by the Federal Court. The application for the approval of the settlements will be heard in the Federal Court on October 30, 2024 at 9:30 a.m, by videoconference.
At the approval hearing, the Federal Court will be asked to approve a method of distributing the settlement funds to eligible settlement class members. Please click here to view a copy of the Proposed Distribution Protocol.
Only settlement class members who purchased more the CAD$400,000 of interior molded doors between March 1, 2014 and December 31, 2018 directly from a Defendant are eligible to submit a claim. A charitable donation of $100,000 will be made to Habitat for Humanity Canada in lieu of payments to consumers.
Settlement Class Members have an opportunity to opt out of (exclude themselves from) the class action. Please review the Notice of Certification and Settlement Approval here for more information.
If approved, the settlements will resolve the litigation in its entirety.
Quebec Action
On February 15, 2023, the Quebec action was stayed by the Superior Court of Quebec to give precedence to the Federal court class action. You can view a copy of the order by clicking here (French only).
Pursuant to the settlement reached in the Federal Court class action, the Quebec plaintiff will move to discontinue the Quebec Action.
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 Interior Molded Doors class action?
You are affected by the class action and are a “member” of the proposed class if you are a person in Canada who purchased Interior Molded Doors between March 1, 2014 and July 30, 2024.
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?
Yes. If you do not wish to participate in the class action (including the settlements), you can exclude yourself from the class action by completing and returning a written request to opt-out. The deadline for opting out of the class action is October 21, 2024. Further information is provided in the Notice of Certification and Settlement Approval Hearing which can be found here.
If you opt-out, you will not be able to participate in the settlements, but you may be able to pursue your claim on an individual basis. 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.
I still have a question. Who should I contact?
If you have any other questions, please complete the Get in Touch form below.
For a communication in French, you may contact our Quebec office, Siskinds, Desmeules, by phone at 418.694.2009 or at the toll-free number 1.877.735.3845 or write us an email at [email protected].
Documents
Federal Court Action
- Notice of Certification and Settlement Approval Hearing [English] [French]
- Proposed Distribution Protocol [English] [French]
- Masonite Settlement Agreement [English] [French].
- Masonite Addendum to Settlement Agreement [English] [French]
- JELD-WEN Settlement Agreement [English] [French]
- Masonite Certification and Notice Approval Order dated July 30, 2024 [English only]
- JELD-WEN Certification and Notice Approval Order dated July 30, 2024 [English only]
Quebec Court Action
- Application for authorization to institute a class action - May 19, 2020 (French only)
- Stay order of the Quebec action - Superior Court – February 15, 2023 (French Only)