PLEASE READ THIS NOTICE CAREFULLY.
TORONTO, Sept. 1, 2011 /CNW/ -
In this notice:
"Class" means all Persons in Canada who, between February 1, 2001 and
December 31, 2008, purchased Chocolate Products in Canada, excluding
the Defendants and certain parties related to the Defendants;
"Chocolate Products" mean any and all chocolate confectionary products,
including boxed chocolates, chocolate bars and seasonal novelties, of
the Defendants sold in Canada;
"Defendants" mean Cadbury Schweppes plc and Cadbury Adams Canada Inc.
("Cadbury"), Mars, Incorporated, Mars Canada Inc. (formerly known as
Effem Inc.), The Hershey Company, Hershey Canada Inc., Nestle S.A.,
Nestle Canada Inc.; and
"ITWAL" means ITWAL Limited.
WHAT IS THIS ACTION ABOUT?
Class actions were initiated across Canada alleging a conspiracy to fix
prices of Chocolate Products in Canada.
WHO ARE THE DEFENDANTS?
The Defendants are manufacturers of Chocolate Products. ITWAL is also a
defendant and operates a retail and foodservice wholesale distribution
network. It was a major purchaser and distributor of Chocolate
Products during the relevant period.
THE SETTLEMENTS APPROVED BY THE COURTS
Cadbury and ITWAL entered into separate settlements that settled the
class actions against them in Canada. Neither Cadbury nor ITWAL admit
any wrongdoing or liability. The settlements represent resolutions of
The courts in British Columbia, Ontario and Quebec approved the
settlements. No Class members opted out of the litigation and
therefore the settlements are final.
Cadbury paid CDN $5.7 million, plus pre-deposit interest in the amount
of $95,695.60, [total $5,795,695.60] for the benefit of the Class
ITWAL assigned to the representative plaintiffs in trust for the Class,
any right it had to sue the Defendants for the wrongdoing asserted in
the class actions. Also, ITWAL paid $25,000 towards the cost of
Both Cadbury and ITWAL agreed to cooperate with the Class in pursuing
their claims in the class actions which continue against the
PAYMENT TO THE LAWYERS
The three Courts fixed legal fees in the total amount of $1,438,830.94,
plus disbursements in the amount of $82,634.15, plus applicable taxes.
DISTRIBUTION TO THE CLASS
The settlement funds are being held in an interest bearing trust account
for the benefit of the Class. The costs of notice and legal fees have
been or will be paid from the settlement funds.
The balance of the settlement funds will not be distributed now. The
continuing litigation may or may not result in further settlements
and/or judgments. If there is a further recovery, it will be added to
the present monies and then distributed. The Courts will decide when
and to whom the settlement funds will be distributed.
Further notices will be published in a manner the Courts direct and
posted online at www.chocolateclassaction.com.
WHO WILL LIKELY RECEIVE THE SETTLEMENT FUNDS?
In Class Counsel's experience, direct compensation is likely to be paid
to eligible Class members who purchased Chocolate Products directly
from the Defendants or distributors.
There are difficulties associated with directly compensating downstream
Class members who are intermediary purchasers of Chocolate Products and
end users who bought Chocolate Product at retail stores. These types
of Class members are usually compensated by payments to organizations
that operate for their general benefit or by payments for charitable
purposes designated by the Courts.
QUESTIONS ABOUT THE SETTLEMENTS
This notice contains only a summary of the Court orders.
Class Members are encouraged to review the Amended Settlement
Agreements, reasons, Court orders and the other documents available
online at www.chocolateclassaction.com. Updates will be posted online. If you have questions that are not
answered online, please contact one of the Lawyers listed below.
This notice contains a summary of some of the terms of the Court
orders. If there is a conflict between the provisions of this notice
and the Court orders, the terms of the Court orders prevail.
THIS NOTICE HAS BEEN AUTHORIZED BY THE SUPERIOR COURT OF JUSTICE FOR
ONTARIO, THE BRITISH COLUMBIA SUPREME COURT, AND THE SUPERIOR COURT OF
SOURCE Siskinds LLP
For further information:
| ONTARIO || BRITISH COLUMBIA || QUEBEC |
| Sutts, Strosberg LLP |
600-251 Goyeau Street
Windsor, ON N9A 6V4
Attention: Jay Strosberg
Tel: toll free 1-800-229-5323 ext. 8285
| Branch MacMaster |
1410-777 Hornby Street
Vancouver, BC V6Z 1S4
Attention: Ward Branch
| Siskind Desmeules s.e.n.c.r.l. |
Les promenades du Vieux-Quebec
43 rue De Buade
Quebec City, QC G1R 4A2
Attention: Me Simon Hébert
| Siskinds LLP |
680 Waterloo Street
London, Ontario N6A 3V8
Attention: Charles Wright
Tel: toll free 1-800-461-6166 ext. 2455
| Camp Fiorante Matthews |
400-856 Homer Street
Vancouver, BC V6B 2W5
Attention: J.J. Camp