Notice of Court Hearing for Settlement Approval in TrueSTEAM Humidifier Class Action

If you've purchased a Honeywell TrueSTEAM humidifier since 2008, your legal rights could be affected

TORONTO, Oct. 24, 2018 /CNW/ -

WHAT IS THIS ABOUT?
On June 28, 2018, the parties to a class proceeding before the Court of Queen's Bench of Alberta (the "Court") achieved a provisional settlement. The settlement class includes all persons within Canada who owned one or more residential steam humidifier products manufactured and sold by Honeywell under the "TrueSTEAM" name and with a model number beginning in HM506, HM509 or HM512 (the "TrueSTEAM Humidifiers") during the period between January 1, 2008 and September 18, 2018 for personal or household use, but excluding: (a) Honeywell, any entity in which Honeywell has a controlling interest, and its legal representatives, officers, directors, employees, assigns and successors; (b) any person that purchased the TrueSTEAM Humidifier(s) for resale, including retailers, wholesalers, distributors, and HVAC contractors/installers; (c) all persons who timely and validly opt to exclude themselves from the Settlement Class; and (d) all persons who have previously settled or otherwise resolved claims against Honeywell arising out of or in connection with a TrueSTEAM Humidifier, to the extent of the resolution of those claims and as specified in any applicable settlement agreement or release ("Class Members").

Among other things, the Claim alleges that the TrueSTEAM Humidifiers are prone to failure and unsuitable for use as advertised, marketed, and warranted by Honeywell.

SETTLEMENT
A settlement has been reached in this class action (the "Settlement Agreement"). Pursuant to the agreement, Honeywell will offer Class Members one of the following:

1.     Award Humidifier: A replacement humidifier ("Award Humidifier"). Applicable Award Humidifiers are identified on www.truesteamclassaction.ca.

- OR -

2.     Cash Payment: A cash payment in lieu of an Award Humidifier. The cash payment varies according to the size of the Class Member's TrueSTEAM Humidifier:

TrueSTEAM Humidifier size	Model	Cash Payment
6-gallon	HM506	$40
9-gallon	HM509	$45
12-gallon	HM512	$50

Honeywell denies all allegations of wrongdoing or liability in the Claim and the settlement represents a compromise of disputed claims.

DETERMINE IF YOU QUALIFY FOR COMPENSATION & ADMINISTRATION OF SETTLEMENT
To qualify for compensation, you must have purchased a TrueSTEAM Humidifier, as that term is defined above, between January 1, 2008 and September 18, 2018.

Information about how to submit a claim will be provided once the settlement has been approved.

SETTLEMENT APPROVAL HEARING AND COUNSEL FEES
A hearing has been set for January 11, 2019 at 10:00 a.m. at the Calgary Courts Centre. At this hearing, the Court will determine whether the settlement is fair, reasonable and in the best interest of the class members and what fees and expenses will be paid to the lawyers as a result of this settlement. The lawyers for the plaintiff will be requesting legal fees of $150,000, inclusive of disbursements and applicable taxes.

If you do not oppose the proposed Settlement Agreement, you do not need to appear at the hearing or take any other action at this time.

If you want to comment on or object to the Settlement Agreement, you must deliver a written submission to the address below by December 11, 2018. The lawyer will forward any submissions to the Court.

OPTING OUT OF THE PROCEEDING
If you fall within the definition of the class and you want to participate as a class member in this class action, you do not need to do anything to be included as a class member. You will be entitled to participate in the Settlement and you will be legally bound by the result of this class action.

If you do not want to be a class member in this class action, you must exclude yourself by mailing written notice to Siskinds LLP by December 11, 2018. If you do not opt-out of this action, you will be bound by the settlement if it is approved and you may not opt-out of this action in the future. To learn how to exclude yourself, please visit www.truesteamclassaction.ca or contact

Laura-Marie Paynter
Siskinds LLP
100 Lombard Street, Suite 302
Toronto, Ontario M5C 1M3
Phone: [phone]/Fax: [phone]

If you opt-out of this class action, you will not be able to participate in the settlement. You will be able to bring your own lawsuit at your own expense.

MORE INFORMATION
Find more information and note that it is strongly recommended that you review the long form of this Legal Notice on the website: www.truesteamclassaction.ca

LEGAL NOTICE AUTHORIZED BY THE ALBERTA COURT OF QUEEN'S BENCH

SOURCE Siskinds LLP