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What is this class action about?

The Lithium Ion Batteries class action alleges that the Defendants unlawfully conspired to fix, increase, and/or maintain the price of Lithium Ion Batteries sold in North America and elsewhere between January 1, 2000 and January 1, 2012.

Lithium batteries are a type of rechargeable battery. Lithium batteries are sold separately or within consumer electronic products.

The class action applies with respect to purchasers of Lithium Ion Batteries and/or the following products that contain Lithium Ion Batteries:

  • (i) notebook computers;
  • (ii) cell phones including smartphones;
  • (iii) tablet computers;
  • (iv) e-book readers;
  • (v) MP3 players;
  • (vi) personal digital assistants;
  • (vii) handheld GPS; and/or
  • (viii) handheld video game players.

Developments

Settlements

Settlements have been reached with the following defendants totaling over $12 million:

  • NEC Corporation and NEC Tokin Corporation (“NEC”);
  • Samsung SDI Co., Ltd. and Samsung SDI America, Inc. (“Samsung”);
  • Sony Corporation, Sony Energy Devices Corporation, Sony Electronics, Inc. and Sony of Canada Ltd. (“Sony”);
  • LG Chem, Ltd. and LG Chem America, Inc. (“LG Chem”); and
  • Toshiba Corporation, Toshiba America Electronic Components, Inc. and Toshiba of Canada Limited (“Toshiba”).

The Toshiba Settlement is subject to Court approval in Ontario and the LG Chem Settlement is subject to court approval in Ontario and Quebec. The approval hearings will take place in the Ontario Court on June 5, 2019 at 11:00 a.m. and the Quebec Court on July 5, 2019 at 10:00 a.m. Click here for more information about the proposed settlements.

The NEC, Samsung and Sony Settlements were approved by the Ontario and Quebec Courts, as applicable.

The settlement funds (plus interest, less court-approved fees and expenses) are being held in trust for the benefit of settlement class members. At a later date, the courts will be asked to approve a method of distributing the settlement funds to settlement class members.

Contested Litigation

The contested litigation is continuing against the remaining defendants.

A national class was certified in Ontario on behalf of all persons in Canada. This means that the action can proceed as a class action and the common issues (as defined in the certification order) will be determined in a single proceeding on behalf of members of the Class. To view a copy of the certification decision, please click here.

The Plaintiffs and Defendants both sought leave to appeal the certification decision. The Plaintiffs’ request for leave to appeal was granted and the Defendants’ request for leave to appeal was denied. To view a copy of the leave to appeal decision, please click here.

The Plaintiffs were ultimately successful in their appeal requesting that the Court of Appeal certify the claims alleging unlawful means conspiracy and claims on behalf of persons who purchased Lithium Ion Batteries manufactured by non-defendants. To view a copy of the Court of Appeal decision, please click here. The Panasonic/Sanyo Defendants have sought leave to appeal to the Supreme Court of Canada.

In a separate motion in Quebec, the Quebec proceeding was authorized (certified) on behalf of persons resident in Quebec.

The Ontario class will be amended to exclude Quebec residents and to include persons who purchased Lithium Ion Batteries manufactured by non-defendants.

By orders dated June 24, 2014, January 27, 2015 and August 31, 2015, the action was discontinued on a without costs and without prejudice basis as against the Defendants, Hitachi, Ltd., Maxell Canada, NEC Canada, Inc., Samsung Electronics Canada Inc. By order dated September 2, 2015, the action was dismissed as against GS Yuasa Corporation.

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?

No, class counsel are paid on a contingency fee basis. This means that class counsel are only paid if successful in the litigation. Class counsel fees are payable out of any recovery achieved in the litigation. Class counsel fees are subject to court approval.

Who is affected by the lithium ion batteries 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 2000 and 2012 purchased lithium ion batteries and/or the following products: (i) notebook computers; (ii) cell phones including smartphones; (iii) tablet computers; (iv) e-book readers; (v) MP3 players; (vi) personal digital assistants; (vii) handheld GPS; and/or (viii) handheld video game players.

Can I join the class action?

Under the class proceeding legislation, you are automatically included in the class action unless you request to opt-out. The deadline for opting-out has passed.

What should I do to protect my rights?

To protect your rights, you should retain all related purchase records. This information might be necessary in order to participate in the distribution of any settlement or court award. In addition, you should register to receive updates on this action by filling out the form provided on this page.

I still have a question. Who should I contact?

If you have any other questions, please complete the contact form below.

Settlements

Settlements have been reached with the following defendants totaling over $12 million:

  • NEC Corporation and NEC Tokin Corporation (“NEC”);
  • Samsung SDI Co., Ltd. and Samsung SDI America, Inc. (“Samsung”);
  • Sony Corporation, Sony Energy Devices Corporation, Sony Electronics, Inc. and Sony of Canada Ltd. (“Sony”);
  • LG Chem, Ltd. and LG Chem America, Inc. (“LG Chem”); and
  • Toshiba Corporation, Toshiba America Electronic Components, Inc. and Toshiba of Canada Limited (“Toshiba”).

The Toshiba Settlement is subject to Court approval in Ontario and the LG Chem Settlement is subject to court approval in Ontario and Quebec. The approval hearings will take place in the Ontario Court on June 5, 2019 at 11:00 a.m. and the Quebec Court on July 5, 2019 at 10:00 a.m. Click here for more information about the proposed settlements.

The NEC, Samsung and Sony Settlements were approved by the Ontario and Quebec Courts, as applicable.

The settlement funds (plus interest, less court-approved fees and expenses) are being held in trust for the benefit of settlement class members. At a later date, the courts will be asked to approve a method of distributing the settlement funds to settlement class members.

Contested Litigation

The contested litigation is continuing against the remaining defendants.

A national class was certified in Ontario on behalf of all persons in Canada. This means that the action can proceed as a class action and the common issues (as defined in the certification order) will be determined in a single proceeding on behalf of members of the Class. To view a copy of the certification decision, please click here.

The Plaintiffs and Defendants both sought leave to appeal the certification decision. The Plaintiffs’ request for leave to appeal was granted and the Defendants’ request for leave to appeal was denied. To view a copy of the leave to appeal decision, please click here.

The Plaintiffs were ultimately successful in their appeal requesting that the Court of Appeal certify the claims alleging unlawful means conspiracy and claims on behalf of persons who purchased Lithium Ion Batteries manufactured by non-defendants. To view a copy of the Court of Appeal decision, please click here. The Panasonic/Sanyo Defendants have sought leave to appeal to the Supreme Court of Canada.

In a separate motion in Quebec, the Quebec proceeding was authorized (certified) on behalf of persons resident in Quebec.

The Ontario class will be amended to exclude Quebec residents and to include persons who purchased Lithium Ion Batteries manufactured by non-defendants.

By orders dated June 24, 2014, January 27, 2015 and August 31, 2015, the action was discontinued on a without costs and without prejudice basis as against the Defendants, Hitachi, Ltd., Maxell Canada, NEC Canada, Inc., Samsung Electronics Canada Inc. By order dated September 2, 2015, the action was dismissed as against GS Yuasa Corporation.

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?

No, class counsel are paid on a contingency fee basis. This means that class counsel are only paid if successful in the litigation. Class counsel fees are payable out of any recovery achieved in the litigation. Class counsel fees are subject to court approval.

Who is affected by the lithium ion batteries 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 2000 and 2012 purchased lithium ion batteries and/or the following products: (i) notebook computers; (ii) cell phones including smartphones; (iii) tablet computers; (iv) e-book readers; (v) MP3 players; (vi) personal digital assistants; (vii) handheld GPS; and/or (viii) handheld video game players.

Can I join the class action?

Under the class proceeding legislation, you are automatically included in the class action unless you request to opt-out. The deadline for opting-out has passed.

What should I do to protect my rights?

To protect your rights, you should retain all related purchase records. This information might be necessary in order to participate in the distribution of any settlement or court award. In addition, you should register to receive updates on this action by filling out the form provided on this page.

I still have a question. Who should I contact?

If you have any other questions, please complete the contact form below.

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