Vehicle Carriers Class Action

  1. What is this lawsuit about?
  2. How do I know if I am a Class Member?
  3. How does the settlement affect me?
  4. Will I get money?
  5. Do I need to do anything now?
  6. How do I submit comments or Objections to the Settlement?
  7. How do I Opt-out of the Class Action?
  8. Why would I Opt-out?
  9. How will I know if there are other settlements or a judgment in this class action?
  10. Who is Class Counsel?
  11. How does Class Counsel get paid?
  1. What is this lawsuit about?

    In this class action the Plaintiffs allege that a number of companies who offer “Vehicle Carrier Services” (the paid international ocean shipping services via roll on/roll off vessels) were involved in a conspiracy where they overcharged customers who shipped cars or other vehicles by Roro from overseas. A Roro is a type of ocean vessel that allows wheeled vehicles to be driven on and off the vessel and parked on its decks for ocean transport.

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  2. How do I know if I am a Class Member?

    You are a class member if you paid for Vehicle Carrier Services for the ocean freight shipment of new vehicles including if you purchased or leased a new vehicle that was shipped from overseas to Canada between February 1, 1997 and December 31, 2012. For example, if you purchased your car or other vehicle from a dealership or someone else during this time – check your receipt to see if you were charged for Vehicle Carrier Services.

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  3. How does the settlement affect me?

    The Plaintiffs have settled with Compania Sud Americana de Vapores S.A., (CSAV) which is one of 20 defendants involved in this action. CSAV has agreed to pay CAD $450,000.00 and to provide co-operation (potentially helpful information) to the Plaintiffs about the other Defendants. CSAV is a Chilean company that made no Roro shipments to Canada when the conspiracy is alleged to have occurred.

    The court has to approve the settlement in order for it to be final. The hearings where the court will consider approving the settlement, will take place at: 

      • the Ontario Superior Court of Justice on May 29, 2017 at 9:30 am at 80 Dundas Street, London, Ontario;
      • the Supreme Court of British Columbia on June 7, 2017 at 9:00 am at 800 Smithe Street, Vancouver, British Columbia; and
      • the Superior Court of Québec on May 16, 2017 at 12:00 pm at 1,rue Notre-Dame Est, Montréal, Québec.

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  4. Will I get money?

    Class members will not be able to claim for any money yet, as the lawsuit is still ongoing and there could be other settlements or a judgment against the other Defendants, and potentially more money for Class Members.

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  5. Do I need to do anything now?

    If you do not want to object to the settlement, or opt-out of the class action you do NOT have to do anything.

    If you would like to comment on or object to the settlement then you need to do so by May 1, 2017 - see [FAQ#6] to learn what steps to take

    If you do not want to be a Class Member you must opt-out by May 10, 2017 - see [FAQ#7] to learn what steps to take.

    Class Members who opt-out will not be able to participate in this or any future settlement or judgment. You cannot opt back in. If Class Members do not opt-out now, they will be bound by this and any other future settlements or judgment. You cannot opt-out later on in the lawsuit.

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  6. How do I submit comments or Objections to the Settlement?

    If you wish to comment on or object to the Settlement Agreement, you must deliver a written submission to the appropriate lawyer below by May 1, 2017. The lawyer will forward any submissions to the appropriate Court.

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  7. How do I Opt-out of the Class Action?

    If you do not want to be a class member for the Vehicle Carrier Services Class Action, you must opt-out by May 10, 2017. To opt-out you must send a signed written election to opt-out by mail, courier or email (roroclassaction@ricepoint.com) to:

    Mail

    Vehicle Carriers Class Action

    Opt-Out Administrator

    PO Box 3355

    London, ON N6A 4K3

    Courier

    RicePoint Administration Inc.

    1480 Richmond Street

    Suite 204

    London, ON N6G 0J4

    The election should include (a) your full name and current address and (b) a statement indicating you wish to be excluded from the proceedings.

    If you opt-out you will not be able to participate in the Settlement or any future Settlement or Judgement. You cannot opt back in at a later date. You may be able to bring your own lawsuit at your own expense.

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  8. Why would I Opt-out?

    Typically Class Members opt-out if they want to start or continue their own individual lawsuit against one or all of the Defendants.

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  9. How will I know if there are other settlements or a judgment in this class action?

    If you provide Class Counsel with your contact information we will contact you directly if there is a settlement or judgment. We respect your privacy and will not share your information with others.

    You are also welcome to visit this website for updates, or contact Class Counsel directly for more information.

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  10. Who is Class Counsel?

    There are three law firms representing class members in this lawsuit.

    Harrison Pensa LLP represents Class Members in Ontario and in all provinces other than British Columbia and Québec.

    • Harrison Pensa LLP can be reached toll free at 1-800-263-0489 ext. 759, by e-mail at roroclassaction@harrisonpensa.com or by mail at 450 Talbot Street, London, Ontario N6A 4K3, Attention: Jonathan Foreman.

    Camp Fiorante Matthews Mogerman represents Class Members in British Columbia.

    • Camp Fiorante Matthews Mogerman can be reached toll free at 1-800-689-2322, by e-mail at info@cfmlawyers.ca  or by mail at Suite 400, 856 Homer Street, Vancouver, British Columbia V6B 2W5, Attention: David G.A. Jones.

    Belleau Lapointe, s.e.n.c.r.l. represents Class Members in Québec.

    • Belleau Lapointe, s.e.n.c.r.l. can be reached toll free at 1-888-987-6701, by e-mail at info@belleaulapointe.com or by mail at 306 Place d’Youville, office B-10, Montréal, Québec H2Y 2B6, Attention: Maxime Nasr.

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  11. How does Class Counsel get paid?

    Class Counsel is paid on a contingency basis. This means Class Counsel only receives legal fees if there is a settlement or a judgment from the Court. The court has to approve Class Counsel’s fees and disbursements. Class Counsel will not receive fees if the case is unsuccessful. Class Counsel will ask the court to approve legal fees of up to 25% of the settlement, at the settlement hearing.

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