Polybutylene Pipe
Defective plastic pipes (polybutylene pipe) used in plumbing and radiant heating
Siskinds is involved in an effort to seek compensation for individuals throughout Canada who have Polybutylene plumbing and/or heating systems.
The problems pertain to a type of piping material which could leak and cause major problems in a home’s plumbing and radiant heating systems.
Our firm has launched a lawsuit against the 3 companies (Shell Oil, E.I. Dupont, and Hoescht Celanese Corporation) who are responsible for the defective plumbing and radiant heating system known as Polybutylene Plumbing – a system characterized by plastic pipes used in plumbing and radiant heating. In the United States numerous complaints and lawsuits have been filed against the same companies who developed key components of the problem piping. These companies have paid millions of dollars in settlements to United States homeowners.
Identifying Polybutylene Pipe
Polybutylene Pipe (“PB”) is a non-rigid, sometimes curved, usually grey (or possibly silver or black) plastic pipe used in indoor plumbing.
The fittings/joints connected to the PB pipe, such as elbow and tee-shaped joints can either be gray acetal/plastic inserts or copper/metal inserts.
Settlement Class
You are a member of the Shell settlement class if you are a past or present owner of a structure with either a PB Plumbing System, a PB Yard Service Line, or a PB Hot Water Heating System with either plastic or metal fittings
Settlement Terms
Under the terms of the Shell settlement, Shell will provides benefits to Settlement Class members in the amount of $20 million in settlement of class members’ claims. The settlement amount (less costs of notice and claims administration) will be allocated among class members who timely file claims in accordance with a point system, subject to certain maximum limits. Eligible claimants will be entitled to receive compensation regardless of having expenses incurred in repairing or replacing a PB Plumbing System, PB Hot Water Heating System, PB Yard Service Line, or for damage to tangible property due to a Qualified Leak, or PB Related Failure. For a complete description of the points system and maximum dollar limits on claims, a copy of the Shell Settlement Agreement are posted at www.polypipes.ca or by calling the Claims Administrator at 1-866-348-0333.
How to Make a Claim
To make a claim for compensation, claimants must mail to the Claims Administrator, postmarked no later than June 18, 2005 a completed, executed Claim Form together with supporting documentation required by the Claim Form. A Claim Form and accompanying instructions can be obtained by contacting the Claims Administrator at www.polypipes.ca or by calling toll free at 1-866-348-0333.
Opting Out of the Settlement
If you are a person or entity that does not wish to take part in the Shell settlement, you may opt out (be excluded) from the Settlement by returning an Opt Out Form postmarked on or before August 11, 2004. An Opt Out Form may be obtained at www.polypipes.ca or by calling the Claims Administrator, toll free at 1-866-348-0333.
Signed Settlement Agreement (Shell) (PDF Format) – [Version Français]
Legal Notice of Certification and Settlement Approval (Shell) (PDF Format) – [Version Français]
PRESS RELEASE (June 11, 2004) regarding Shell Settlement (PDF Format)
Sample Photos of Polybutylene Pipe (PDF Format)
Polybutylene Pipe Case Documents – Ontario
Court Decision (PDF Format)
Ontario Statement of Claim (PDF Format)
Certification Decision
On July 9, 2002, the Honourable Justice Nordheimer denied certification in Ontario against the defendants Shell Oil Company (“Shell”) and Hoechst Celanese Corporation (“Celanese”), which means that it was found that this was not an appropriate case to proceed as a class action.
Subsequent to the certification decision, the plaintiffs filed a Notice of Appeal with the Divisional Court, intending to appeal Justice Nordheimer’s dismissal of the certification motion.
Prior to the appeal however, the plaintiffs and Shell entered into a Settlement Agreement, which agreement was provisionally approved by the Court on December 23, 2003, subject to the parties obtaining an Order from the Divisional Court setting aside Justice Nordheimer’s certification Order only in so far as that Order related to Shell. The parties successfully obtained such an Order and the Shell Settlement was finally approved in Ontario on April 16, 2004.
We are in the process of appealing the certification decision as it relates to the remaining defendant, Celanese, to the Divisional Court of the Ontario Superior Court of Justice.
Reasons of Justice Nordheimer dated July 9th 2002 (Certification denied – PDF Format)
Reasons of Justice Nordheimer dated December 23rd 2003 (Shell provisional approval – PDF Format)
Judgement of Justice Nordheimer dated April 16th 2004 (Shell final approval – PDF Format)
DuPont Settlement
We are pleased to report that a Settlement Agreement has been reached with one of the three defendants, E.I. DuPont de Nemours and Company (“DuPont USA”).
As DuPont manufactured the raw material that is found in the acetal (plastic) insert fittings, only those persons with polybutylene plumbing and/or heating systems with acetal insert fittings will be affected by the settlement.
Under the terms of the Dupont USA settlement, Dupont USA will provides benefits to Settlement Class members in the amount of $30 million. With respect to indoor plumbing, DuPont USA will pay successful claimants 25% of the cost of a replumb as well as 25% of the cost of previous repairs and damage provided a replumb is done. DuPont USA will also pay part of the cost of repair of a polybutylene heating system with acetal insert fittings. A copy of the complete Dupont USA Settlement and information about how to make a claim are posted at www.pbsettlement.ca and can also be obtained by calling the Claims Administrator, toll free at 1-866-599-4599.
Opting Out of the Settlement
If you are a person or entity that does not wish to take part in the Dupont USA settlement, you may opt out (be excluded) from the Settlement by returning an Opt Out Form postmarked on or before August 11, 2004. An Opt Out Form may be obtained at www.pbsettlement.ca or by calling the Claims Administrator, toll free at 866-599-4599.
Legal Notice of Certification and Settlement Approval (PDF Format)
If you have any questions or would like further information, please contact Siskinds or e-mail Megan Johnston by clicking on the Contact Us link below.
For Ontario Residents:
Siskinds
Barristers & Solicitors
680 Waterloo Street
London, ON N6A 3V8
519-672-2251 ext. 2381
For British Columbia Residents:
Poyner Baxter
Barristers & Solicitors
Lonsdale Quay Plaza
408 – 145 Chadwick Court
North Vancouver, British Columbia V7M 3K1
www.poynerbaxter.com
For Quebec Residents:
Siskinds, Desmeules
Les Promenades du Vieux-Quebec
43, rue Buade,
Bureau 320
Quebec City, Quebec G1R 4A2