DuPont
On May 23, 2014,the Ontario Superior Court of Justice approved the settlement administration process. The claims process has been completed, and all funds have been distributed to class members.
This class action lawsuit alleges that E. I. DuPont Canada Company (DuPont) conspired with its distributors to enhance and maintain the prices of engineering resins sold to automotive parts manufacturers in Canada. The alleged conspiracy is in breach of the Competition Act, a federal statute that prohibits price maintenance and conspiracies to enhance and maintain prices.
The lawsuit claims that DuPont has utilized a system, known as the Credit Upon Proof of Sale system, in order to enhance and maintain the price of engineering resins sold to moulders supplying the automotive industry.
On August 27, 2007 the Ontario Superior Court of Justice granted an order allowing the action to proceed as a class action in respect of this claim. The class consists of all purchasers in Canada between January 2000 and August 27, 2007 of engineering resins for an automotive application from DuPont or its authorized distributors, who were required by a customer to use a DuPont engineering resin in the automotive application.
DuPont sought permission to appeal this decision, and the plaintiff also sought permission to appeal in respect of part of the claim which is not certified. Leave to appeal was denied to both parties.
- May 23, 2014: On May 23, 2014, the Court approved the settlement administration process.
- May 10, 2013: The settlement of this class action was approved by the court on May 8, 2013. Click here for a copy of the court’s reasons approving the settlement. The Notice of Settlement, Claims Form Instructions, Claims Form and Release and Confidentiality Undertaking may be downloaded by clicking the links above. Copies of these have been mailed to class members. The deadline for class members to submit a claim is September 6, 2013. If a class member requires any information or assistance in completing the Claims Form, please contact dsterns@sotosllp.com or scorman@mccarthy.ca.
- April 26, 2013: The parties have reached a proposed settlement of this case. The proposed settlement represents a resolution of disputed claims, and DuPont Canada does not admit any wrongdoing or liability in connection with the class proceeding or the settlement.The proposed settlement remains subject to court approval. A court hearing to review the proposed settlement is scheduled for May 7, 2013at 10 AM.Click here to read the formal Notice of the Settlement Approval Hearing.
- May 16, 2008: DuPont sought permission to appeal this decision, and the plaintiff also sought permission to appeal in respect of part of the claim which is not certified. Leave to appeal was denied to both parties.
- August 27, 2007: The Ontario Superior Court of Justice granted an order allowing the action to proceed as a class action in respect of this claim. The class consists of all purchasers in Canada between January 2000 and August 27, 2007 of engineering resins for an automotive application from DuPont or its authorized distributors, who were required by a customer to use a DuPont engineering resin in the automotive application.
Claim forms
Notice to class
- Notice of Settlement Approval (May 10, 2013)
- Notice of Settlement Approval Hearing (April 26, 2013)
- Notice to class (Dec 4, 2007)
Pleadings
- Statement of claim (Jan 16, 2006)
- Statement of defence (Jun 12, 2006)
- Reply to statement of defence (Aug 25, 2006)
Court Decisions and Orders
- Order (Administrative fee approval) (May 23 2014)
- Reasons approving the settlement (May 8, 2013)
- Reasons of Justice Kitely dismissing leave to appeal to Divisional Court (May 16, 2008)
- Certification order (Dec 4, 2007)
- Reasons of Justice Hoy granting certification (Aug 27, 2007)
More Information
What is a class action?
A class action is a special form of lawsuit in which one plaintiff brings a claim against one or more defendants based on allegations which are common to a group, or class, of people. In order for the action to become a class action, it must proceed through a stage known as “certification”.
Who brings a class action lawsuit forward?
A statement of claim is issued on behalf of a “representative plaintiff”. The representative plaintiff’s role is to work with class counsel to bring the action forward and to represent the class members in court.
What is certification?
In order for an action to proceed on behalf of the entire class, a judge must decide (among other things) whether the members of the proposed class have common issues, and whether a class action is the preferred way to resolve the issues. The process to decide these issues is known as the “certification motion”. If the judge is satisfied that the case meets all of the requirements for certification, he or she will issue an order which certifies the action as a class action.
Do I have to do anything to “join” the lawsuit?
No. If the lawsuit is certified, and you are included in the class as defined, you are automatically included in the lawsuit.
Once I am part of the class do I have to do anything?
No. We will work primarily with the class representative.
What if I do not want to be included in the lawsuit?
Those who do not wish to remain in the class will be given the option to opt-out by sending an opt-out form at the appropriate time to us.
What are the benefits of proceeding as a class action?
Certification as a class action will enable us to prove the facts in a single lawsuit rather than in numerous individual lawsuits. This has obvious benefits to the class members and to the courts.
How long does it take for a class action to be resolved?
There is no timeframe. We will move the case forward diligently but it can take a considerable period of time to reach trial.
Can a class action lawsuit be settled without going to trial?
Many class actions settle and thereby remove the need for a trial. However, we cannot predict with any certainty whether or not there will be a settlement in a given action.
What are the chances of winning the action?
The chances of “winning” can never be accurately predicted.
Will be liable for any costs or legal fees?
Class action lawsuits are typically brought on a contingency fee basis. This means that the lawyers will only be paid if the action is successful at trial or results in a settlement in favour of the plaintiffs. Legal fees would then be paid out of the settlement or judgment proceeds as approved by a judge.
Disbursements (i.e. out-of-pocket expenses, including expert reports) may be dealt with in one of two ways.
Most commonly, the lawyers will absorb the cost of disbursements. The lawyers may seek funding assistance from the Class Proceeding Fund, which may provide funding for disbursements if granted.
In some cases, disbursements may be funded by the class members, including the class representative. This typically occurs in smaller class actions brought on behalf of an organization or network of individuals where each member of the class is easily identifiable and known to the representative plaintiff. If the class action is successful, amounts advanced for disbursements are re-paid from the proceeds of any judgment or settlement to class members (and others).
Will I be liable for costs of the action if it is unsuccessful?
Only the class representative may be liable for costs of the common issues portion of the action if it is unsuccessful.
When can I expect to receive a payout from this class action?
A “payout” or an award for damages is never certain.
The action may settle or it may proceed to trial, at which time a judge will determine the amount of damages, if any, to which the class members are entitled to. Regardless, the amount of “payout” cannot be predicted, and we cannot predict when the action may settle or when the trial will conclude.
How will counsel keep me updated on the progress of the case?
If the lawsuit is certified as a class action, you will receive a formal notice from the court explaining the nature of the case and providing you with the opportunity to opt out if you wish. General information about the lawsuit will be posted on Sotos LLP’s website at https://www.sotosclassactions.com.
Where can I send any documents that I have that may be relevant to a class action?
We ask that you keep a copy of any documents, correspondences, records, invoices, receipts, etc. that you feel might be relevant to your individual claim in the class action. If there is a “payout,” this documentation may be required in order to support your claim for compensation.
It is not required that you send any documents to us at this time.