LONDON, ON, Dec. 2, 2013 /CNW/ - A national class action related to IKO Organic Shingles has been certified by the Ontario Superior Court of Justice.
IKO Organic Shingles mean all asphalt organic shingles manufactured by or on behalf of IKO Industries Ltd., Canroof Corporation Inc., or I.G. Machine (the "defendants"). See the full legal notice (online at www.classaction.ca) for a list of brand names. The class action does not relate to IKO fiberglass shingles.
What the Class Action is About - The representative plaintiff, on behalf of himself and the Class, is claiming damages from the defendants for the alleged negligent design and manufacture of IKO Organic Shingles. Specifically, the representative plaintiff alleges that IKO Organic Shingles were negligently designed and manufactured in a manner that, under normal conditions and usage, would result in premature failure. In addition, with respect to persons in British Columbia, Saskatchewan, Manitoba, Quebec and/or New Brunswick, the representative plaintiff alleges that the defendants breached the consumer protection legislation by representing that IKO Organic Shingles complied with industry standards when he says they did not comply, or were not adequately tested in order to determine whether they did comply. The representative plaintiff seeks damages, on behalf of himself and the Class, for, among other things, the costs of removing and replacing defective IKO Organic Shingles, including associated labour costs. The defendants deny all of the claims made in the class action. The allegations have not been proven in court.
The Class - The certified class includes current or former owners or lessees of buildings located in Canada that contain or contained IKO Organic Shingles. See the full legal notice available online at www.classaction.ca for the complete class definition.
Common Issues - The class proceeding will determine the common issues relating to whether IKO Organic Shingles defendants were negligent in the design and manufacturing of IKO Organic Shingles and whether the defendants breached the relevant consumer protection legislation. See the full legal notice available online at www.classaction.ca for a complete list of common issues.
Opting Out - Persons can opt out (exclude themselves from) the class action. See the full legal notice available online at www.classaction.ca for details about the consequences of opting out or not opting out, and the process and deadline for opting out.
SOURCE: Siskinds LLP
For further information:
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London, ON N6A 3V8
Tel: 1-800-461-6166 ext. 2446
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