LONDON, ON, July 19, 2013 /CNW/ - Two settlement agreements have been
reached in class actions brought in Ontario and Quebec concerning
allegations pertaining to horsepower labelling of certain lawn mowers
in Canada (the "Settlement Agreements"). Under the first agreement, the
defendant MTD has agreed to pay CAD$300,000.00 for the benefit of
Settlement Class Members and to provide evidence and co-operation to
the Plaintiffs in pursuing their claims against the remaining
Non-Settling Defendants. The MTD settlement also resolves the
allegations and litigation against Sears. Under the second agreement,
the defendants Briggs, Electrolux, John Deere, Husqvarna, Kohler and
Toro together have agreed to pay CAD$4,200,000.00 for the benefit of
Settlement Class Members.
In exchange, the Settling Defendants will be provided with a full
release of claims against them in the Lawn Mowers Class Actions. The
Settling Defendants do not admit any wrongdoing or liability in
connection with the case. The litigation continues as against all
Non-Settling Defendants to the Proceedings.
As the litigation is ongoing against the Non-Settling Defendants, there
will be no distribution of settlement funds at this time. The
continuing litigation may or may not result in further settlements or
judgments. If there is a further recovery, it will be added to the
present settlement monies, which will be held in an interest-bearing
trust account and an efficient distribution will be made at an
appropriate time. The Courts will approve when and to whom the
settlement funds are distributed.
Class members who wish to exclude themselves from the Lawn Mowers Class
Action must do so by September 17, 2013.
Hearings have been set in Ontario and Quebec courts for settlement
approval. The Ontario hearing will be held on September 20, 2013 at
10:00am at 80 Dundas Street, London, Ontario and the Quebec hearing
will be held on September 25, 2013 at 9:30am at 1, rue Notre-Dame Est,
SOURCE: Harrison Pensa LLP
For further information:
Please visit www.lawnmowersettlement.ca or contact Anita Thakkar at 1.800.263.0489 ext. 709.