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)
