Parking Heaters Price-Fixing Class Action Certified by the Court

LONDON, ON, Feb. 3, 2021 /CNW/ - An Ontario class action has been certified to proceed to trial. The case alleges that certain manufacturers of Parking Heaters for trucks and commercial vehicles participated in an unlawful price-fixing conspiracy to fix, raise, maintain or stabilize the price of those Parking Heaters and certain related kits, parts and accessories. The action has been certified by the Court on behalf of all Canadian residents, excluding Québec, who purchased a Parking Heater or purchased, leased or sub-leased a vehicle containing a Parking Heater between September 13, 2001 and December 31, 2012 (the "Class Period"). Separate actions were commenced in British Columbia, but those actions have been stayed and the BC class members will be represented in the Ontario action. A separate action has also been commenced in Québec on behalf of Québec resident class members. That action has previously been authorized to proceed to trial as a class action. The Ontario and Québec actions will move forward on a coordinated basis under the guidance of the Courts in both Provinces.

A settlement has also been reached with the individual defendant Volker Hohensee, a former executive of the defendant Espar Inc. Mr. Hohensee has agreed to provide the plaintiff with early cooperation and evidence in respect of the alleged conspiracy by the defendants in exchange for a release from the claims made against him. The settlement must be approved by the court before it becomes effective.

A "Parking Heater" means a parking heater, accessories and parts sold for use with heaters, packages containing heaters and accessories and/or parts for parking heaters which were manufactured or sold by the defendants for use in a commercial vehicle during the Class Period.

The parties will now engage in a process known as "discovery" where they exchange relevant documents and examine representative witnesses for each side regarding the allegations made in the case. The matter may then proceed to trial. At trial, a judge will decide, whether or not the claims will be successful and whether remedies should be ordered in favour of class members.

For more detailed information about the case, including the certification orders, the settlement agreement, the court-approved notices, and an explanation of the rights of class members at this juncture of the case, please visit www.foremancompany.com/parking-heaters-price-fixing.

Class Members are represented by:

Foreman & Company
Camp Fiorante Matthews Mogerman ^LLP

SOURCE Foreman & Company

Media Contact: Jonathan Foreman - [email protected]