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Class actions have been initiated in Ontario and Québec against Nature’s Touch Frozen Foods Inc. and Costco Wholesale Canada Ltd., Costco Canada Holdings, Inc., Gestion Costco Canada Inc., and Costco Western Holdings Ltd. arising from the alleged Hepatitis A contamination of Organic Berry Cherry Blend in 1.5 kg (3.3 lb) bags with best before dates up to and including March 15, 2018 with the universal product code 8 73668 00179 1 (“Recalled Frozen Fruit”). Recalled Frozen Fruit was sold at Costco warehouse locations in Ontario, Québec, New Brunswick, Nova Scotia and Newfoundland and Labrador.

The Ontario and Québec Courts have approved the Settlement Agreement, Plan of Allocation, and Class Counsel fees. To view the orders, please use the links in the Documents tab below.

The claims process has begun. To be eligible for settlement benefits, Class Members must file a properly completed claim form, together with the required supporting documents, no later than October 3, 2019.  Claims that are not made within the deadline may not be eligible for compensation. Please visit www.berryrecallclaim.ca to file a claim.

For more information about the settlement, how the settlement funds will be distributed, and the process for Class Members to apply for settlement benefits, please view the Notice of Settlement Approval here. Settlement benefits will be calculated in accordance with the Plan of Allocation as approved by the Courts. To view the Plan of Allocation, please click here.

Class Members are all persons in Canada, who:

  1. consumed Recalled Frozen Fruit, and subsequently contracted Hepatitis A as a result of consuming Recalled Frozen Fruit that was contaminated with Hepatitis A;
  2. consumed Recalled Frozen Fruit and subsequently were immunized for Hepatitis A as a result of consuming the Recalled Frozen Fruit;
  3. have a claim pursuant to the Family Law Act, RSO 1990, c F3, s 61 and analogous legislation and common law in other provinces, where applicable; and
  4. purchased Recalled Frozen Fruit.

For more information, please visit www.berryrecallclaim.ca or contact the claims administrators at the following:

BERRY RECALL CLASS ACTION

Suite 3-505, 133 Weber Street North, Waterloo, ON N2J 3G9

T: 1-866-879-4915

F: 1-888-842-1332

Email: berryrecallclaim@crawco.ca

Developments

The Ontario and Québec Courts have approved the Settlement Agreement, Plan of Allocation, and Class Counsel fees.

The claims process has begun. To be eligible for settlement benefits, Class Members must file a properly completed claim form, together with the required supporting documents, no later than October 3, 2019. Claims that are not made within the deadline will not be eligible for compensation. Please visit www.berryrecallclaim.ca to file a claim. If you do not have internet access, but wish to file a claim, please contact the Claims Administrator at 1-866-879-4915.

For more information about the settlement, how the settlement funds will be distributed, and the process for Class Members to apply for settlement benefits, please view the Notice of Settlement Approval here. Settlement benefits will be calculated in accordance with the Plan of Allocation as approved by the Courts.

The Defendants have agreed to pay $3,000,000. The settlement is a compromise of disputed claims and is not an admission of liability or wrongdoing by the Defendants. The Courts have appointed Garden City Group, Inc. as the Administrator of the settlement.

For more information, please visit www.berryrecallclaim.ca.

FAQs

What is a class action?

A class action is a lawsuit that is brought by one or more person 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.

Can I join the class action?

There are no steps required to “join” the class action. Unless you opted-out (excluded yourself from the class action), assuming you fall within the scope of the class definition, you are automatically included in the class action.

I still have a question. Who should I contact?

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

Documents

Settlement, Plan of Allocation, and Fee Approval

Certification and Notice of Settlement Approval Hearing

  • Short Form Notice of Certification and Settlement Approval Hearing (English) (French)
  • Long Form Notice of Certification and Settlement Approval Hearing (English) (French)
  • Ontario Order for Certification and Notice of Settlement Approval Hearing Approval (English Only)
  • Quebec Order for Certification and Notice of Settlement Approval Hearing Approval (French Only)

The Ontario and Québec Courts have approved the Settlement Agreement, Plan of Allocation, and Class Counsel fees.

The claims process has begun. To be eligible for settlement benefits, Class Members must file a properly completed claim form, together with the required supporting documents, no later than October 3, 2019. Claims that are not made within the deadline will not be eligible for compensation. Please visit www.berryrecallclaim.ca to file a claim. If you do not have internet access, but wish to file a claim, please contact the Claims Administrator at 1-866-879-4915.

For more information about the settlement, how the settlement funds will be distributed, and the process for Class Members to apply for settlement benefits, please view the Notice of Settlement Approval here. Settlement benefits will be calculated in accordance with the Plan of Allocation as approved by the Courts.

The Defendants have agreed to pay $3,000,000. The settlement is a compromise of disputed claims and is not an admission of liability or wrongdoing by the Defendants. The Courts have appointed Garden City Group, Inc. as the Administrator of the settlement.

For more information, please visit www.berryrecallclaim.ca.

What is a class action?

A class action is a lawsuit that is brought by one or more person 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.

Can I join the class action?

There are no steps required to “join” the class action. Unless you opted-out (excluded yourself from the class action), assuming you fall within the scope of the class definition, you are automatically included in the class action.

I still have a question. Who should I contact?

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

Settlement, Plan of Allocation, and Fee Approval

Certification and Notice of Settlement Approval Hearing

  • Short Form Notice of Certification and Settlement Approval Hearing (English) (French)
  • Long Form Notice of Certification and Settlement Approval Hearing (English) (French)
  • Ontario Order for Certification and Notice of Settlement Approval Hearing Approval (English Only)
  • Quebec Order for Certification and Notice of Settlement Approval Hearing Approval (French Only)