This action relates to allegations that the defendants (IPEX, Inc. and IPEX USA, LLC) manufactured, marketed, and sold Kitec plumbing products in Canada that were not of merchantable quality or reasonably fit for their intended purpose, and that were prone to premature failure. Kitec plumbing systems were installed in homes and buildings across Canada. Siskinds and Siskinds Desmeules filed class actions in Ontario and Quebec respectively.
Related class actions have been commenced in the United States.
Developments
In 2011, the courts in Ontario, Quebec and U.S. (Northern District of Texas) approved a US$125 million settlement for the benefit of settlement class members in the United States and Canada. At that time, the courts approved an interim plan of allocation that provided for partial compensation of claims with a substantiated leak during an 8-year claims period.
The deadline to file a claim has now passed and the claims administrator has completed its review of claims.
Class Counsel have prepared a final plan of allocation to distribute the remaining settlement funds, plus accrued interest, less interim payments and court-approved fees and expenses. A copy of the proposed Final Plan of Allocation is available here.
The final plan of allocation has now been approved by the U.S. court (Northern District of Texas), Ontario and Quebec.
The claims administrator will be sending settlement cheques by mail to approved Class Members the last week of December and the first week of January. Please be patient, as the mail might be delayed as a result of the recent Canada Post strike. If you have questions about the payment amount, please review the final plan of allocation available here or contact the claims administrator at 1-877-337-1293.
Please check the settlement website (www.kitecsettlement.com) regularly for updates on the approval process.
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 Kitec class action?
You are affected by the class action and are a “member” of the class if you own or owned, lease or leased a building in Canada that contains or contained Kitec plumbing products. The class includes persons who have a subrogated claim and who may pursue claims through or in the name or right of class members.
I still have a question. Who should I contact?
If you have a question about how to apply for settlement benefits, you should review the settlement website at www.kitecsettlement.com or call toll-free 1.877.337.1293.