Auto Parts

June 28, 2023:

Please read the Notice of Claims Process (English, French).

March 8, 2023:

Developments

Settlements

To date, settlements have been entered into with 67 defendant groups, totalling approximately $180 million. Details of the settlements can be found here.

The Mitsubishi Heavy, SKF, Brose and Yamada settlements are subject to court approval in Ontario and/or Quebec, as applicable.  The Courts will decide whether to approve the settlements as fair, reasonable and in the best interest of the settlement class.

The motion to approve these settlements was heard virtually in Ontario on February 13, 2023.

The Quebec Superior Court approved the SKF Settlement Agreement on April 5, 2023. This judgment has been appealed and the hearing of the Application for leave to appeal has been set to May 30, 2023. Further details will follow once the decision on the Application for leave to appeal is rendered by the Court of Appeal.

A copy of the Notice of Hearing can be found here.

All other settlements were previously approved by the Ontario, British Columbia and/or Quebec Courts, as applicable.

See the “Distribution” section below for the status of the distribution of settlement funds.

Distribution

Approval of a proposed Distribution Protocol is pending in 4 actions (see heading “Pending Court Approval”). The claims process will be commencing in the coming months in 20 actions (see headings “Claims Administration Process Pending”).  Settlement funds have been distributed in eight actions (see headings “Claims Administration Process Concluded”).  In the remaining actions, the courts have not yet been asked to approve a protocol for the distribution of the settlement funds and the funds have been invested in an interest-bearing trust account for the benefit of settlement class members.

Pending Court Approval – Automotive Bearings, Electric Powered Steering (“EPS”) Assemblies, High Intensity Discharge (“HID”) Ballasts, and Manual Steering Columns.

Settlements have been reached with all defendants in the above-noted actions. The proposed protocol for distributing the settlement funds is subject to Court approval in Ontario, Quebec and British Columbia.

The motion to approve the proposed Distribution Protocol was heard virtually in Ontario on February 13, 2023.  The motion to approve the proposed Distribution Protocol as it relates to the Automotive Bearings action will be heard virtually in Quebec on April 5, 2023 at 8:00 a.m.  Following the Ontario Court approving the distribution protocol, a motion will be brought before the British Columbia Court in writing to approve the distribution protocol as it relates to the Automotive Bearings action.

For more information about the proposed distribution, please review the Notice of Hearing here.

A copy of the proposed Distribution Protocol can be found here.

Claims Administration Process Pending – Alternators, Automatic Transmission Fluid Warmers and Oil Coolers, Automotive Brake Hoses, Automotive Hoses, Fuel Injection Systems, Heater Control Panels, Inverters, Motor Generators, Occupant Safety Systems, Oxygen Sensors, Radiators, Spark Plugs, Starters, Steering Angle Sensors, Switches, and Windshield Wiper Systems (the “Second Omnibus Distribution”) 

Settlements have been reached with all defendants in the above-noted actions. The protocol for distributing the settlement funds has been approved by the Ontario, British Columbia, and Quebec Courts.

A notice explaining how to apply to receive settlement benefits will be posted here when the administration begins.  A copy of the Amended Distribution Protocol can be found here.

Claims Administration Process Pending – Electronic Throttle Bodies

Settlements have been reached with all defendants in the above-noted action. The protocol for distributing the settlement funds has been approved in the Ontario and Quebec Courts.

Claims will be submitted and processed in conjunction with the Second Omnibus Distribution.  There will be no separate claims process.

A copy of the Amended Distribution Protocol can be found here.

Claims Administration Process Pending – Body Sealing Parts, Ceramic Substrates, and Plastic Interior Trim

Settlements have been reached with all defendants in the above-noted actions. The protocol for distributing the settlement funds has been approved in the Ontario and British Columbia Courts.

Claims will be submitted and processed in conjunction with the Second Omnibus Distribution.  There will be no separate claims process.

A copy of the Distribution Protocol can be found here.

Claims Administration Process Concluded – Constant Velocity-Joint-Boot Products

Settlements have been reached with defendants in the above-noted action. The protocol for distributing the settlement funds has been approved by the Ontario Court.

The deadline to apply for compensation has passed and the Claims Administrator has distributed the settlement funds.

Claims Administration Process Concluded – Automotive Wire Harness Systems, Air Flow Meters, Electronic Control Units, Fan Motors, Fuel Senders, Power Window Motors, and Windshield Washer Systems

Settlements have been reached with all defendants in the above-noted actions.

The deadline to apply for compensation has passed and the Claims Administrator has distributed the settlement funds.

Contested Litigation

None of the cases have been decided on their merits. However, several of the actions have proceeded to or are proceeding towards certification. 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).

Of the ongoing actions, in Quebec, the Bearings action was authorized (certified) on behalf of residents of Quebec. In Ontario, the Braking Systems action was certified on behalf of a national class.

Notice of Certification in the Braking Systems Action

By order dated July 19, 2022, the Braking Systems action was certified against the non-settled Defendants, Continental AG, Continental Automotive GmbH, Continental Automotive Systems, Inc., and Continental Tire Canada, Inc. (formerly known as Continental Automotive Canada, Inc.).

For further information, please review the Notice of Certification here (see Part M)

A copy of the certification order can be found here.

Notice of Discontinuance in the Bearings Class Action – Industrial Bearings

The Bearings Statement of Claim currently asserts claims on behalf of persons in Canada who purchased bearings and/or who purchased and/or leased products containing bearings (including automotive vehicles, light, medium and heavy-duty vehicles, buses, commercial vehicles, industrial machinery, construction equipment, mining equipment and/or railway vehicles).

The Ontario Court approved amendments to the Bearings Statement of Claim to discontinue the industrial bearings portion of the class action.  As a result, the class action will only advance claims relating to bearings installed in new Automotive Vehicles. These claims are advanced on behalf of persons in Canada who purchased bearings for installation in new Automotive Vehicles and/or who purchased or leased new Automotive Vehicles.

If you purchased industrial bearings and/or purchased and/or leased industrial machinery containing bearings you may have the option of commencing your own action. The limitation period for bringing a claim, if there is any time left within it, recommenced on October 5, 2020, subject to any tolling of limitation periods as a result of COVID-19.  On the expiry of the limitation period, your right to sue may be extinguished. Limitation periods vary across Canada. As a result, you should seek legal advice from local counsel.

If you wish to pursue a court claim regarding industrial bearings or industrial machinery containing bearings, you should issue a Notice of Action or Statement of Claim (or equivalent document in your province), if you have not already done so, before the applicable limitation period expires. You may wish to consult your own lawyer about this.

Discontinuances

The Plaintiffs have discontinued, on a without costs and without prejudice basis, various actions against certain defendants. Details of the discontinuances can be found here.

January 13, 2023:

Settlements have been reached in the Bearings, EPS Assemblies, HID Ballasts, and Manual Steering Columns class actions with the Mitsubishi Heavy, SKF, Brose, and Yamada defendants.  The settlements are subject to court approval in Ontario and Quebec.

A class action was certified in the Braking Systems Class Action against the non-settled Defendants Continental AG, Continental Automotive GmbH, Continental Automotive Systems, Inc., and Continental Tire Canada, Inc. (formerly known as Continental Automotive Canada, Inc.); Kate O’Leary Swinkels and Stuart Budd & Sons Ltd. were appointed as the representative plaintiffs on behalf of the Class.  To view the Certification Order please click here.

The Ontario Court will hold a hearing by video (which you can attend by contacting Class Counsel) to decide whether to approve these settlements on February 13, 2023, at 10:00 a.m. and the Quebec Court will hold a hearing by videoconference (https://msteams.link/HHRY) to decide whether to approve some of these settlements on March 8, 2023 at 9:00 a.m.

The settlement funds (less approved fees and expenses) are being held in trust for the benefit of settlement class members.

Click here to access the long-form notice which outlines the nature of the settlement.

To view the Distribution Protocol relating to the Bearings, EPS Assemblies, HID Ballasts, and Manual Steering Columns Class Actions please click here.

The User Guide to join the hearing can be found at the following address: Audiences par moyens technologiques (TEAMS) (quebec.ca).

June 17, 2022:

Settlements have been reached in the Body Sealing Parts, Ceramic Substrates and Plastic Interior Trim class actions with the Bosal, Corning, Diamond, Green Tokai, Kiekert, Nachi and Sanden defendants, including Discontinuances against Adient and Johnson Controls in the Plastic Interior Trim action.  The settlements are subject to court approval in Ontario, British Columbia and/or Quebec.

The Ontario Court will hold a hearing by video (which you can attend by contacting Class Counsel) to decide whether to approve these settlements on July 12, 2022, at 10:00 a.m. and the Quebec Court will hold a hearing by videoconference (https://url.justice.gouv.qc.ca/fP5rCH) to decide whether to approve some of these settlements on July 6, 2022 at 3:30 p.m.

The settlement funds (less approved fees and expenses) are being held in trust for the benefit of settlement class members.

Click here to access the long form notice which outlines the nature of the settlement.

The proposed distributions are set out in Distribution Protocols.  To view the Distribution Protocol relating to the Body Sealing parts, Ceramic Substrates and Plastic Interior Trim Distribution please click here.  To view the Amended Electronic Throttle Bodies Distribution Protocol please click here and to view the Amended Second Omnibus Distribution Protocol (relating to 16 actions) please click here.