Settlements reached in Lawn Mowers Horsepower Labelling Class Action

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, Montréal, Québec.

SOURCE: Harrison Pensa LLP

For further information:

Please visit or contact Anita Thakkar at 1.800.263.0489 ext. 709.

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