TORONTO, July 19, 2013 /CNW/ - A notification program is underway, as approved by the Ontario
Superior Court of Justice (the "Court"), to alert Canadian residents
who are current and former owners of homes and other structures in Canada containing Pella ProLine casement windows about a proposed class-action
settlement that may affect their rights. The settlement involves Pella
ProLine casement, awning or transom windows manufactured by Pella
Corporation ("Pella") from 1991-2006.
This lawsuit claims ProLine casement, awning, and transom windows
manufactured by Pella between 1991-2006 contain defects that have
caused water intrusion and resulting damage to the windows and owners'
property. Pella does not believe that there is any defect in these
windows and believes that its products have performed well. The Court
did not decide in favor of plaintiffs or Pella, and the parties have
agreed to settle the lawsuit in the interest of serving customers, and
to resolve the ongoing litigation.
The Settlement Class includes residents in Canada, who are current or former owners of structures in Canada containing Pella ProLine brand casement, awning and/or transom windows
(including 250 and 450 Series) manufactured by Pella between 1991 and
Notices will be mailed to known potential Class Members and are
scheduled to appear across Canada in online banner advertisements, in a top national newspaper and in
nine consumer publications leading up to a hearing on October 1, 2013, when the Court will consider whether to approve the settlement. Joel Rochon and the law firm of Rochon Genova act as Class Counsel in the proceeding.
Those affected by this settlement can submit a claim requesting benefits
or they can ask to be excluded from, or object to, the settlement and
its terms. The deadline for objections is August 31, 2013. The deadline for exclusions is December 1, 2013. The deadline to submit a Claim Form is January 15, 2014.
A toll-free number, 1-877-879-5115, has been established in the case
known as Glube et al. v. Pella Corporation et al. ("Glube v. Pella"), Court File No. CV-11-432294-00CP, along with the website, www.windowsettlement-canada.com, where the notice, claim form, settlement agreement and other documents
may be obtained. Those affected may also write with questions to the
Settlement Administrator, , PO BOX 25058, London, Ontario, Canada N6C 6A8 or send an e-mail to
SOURCE: Pella Corporation