In these Class Actions the Plaintiffs allege that a number of companies who offer “Vehicle Carrier Services” (the paid international ocean shipping services via roll on/roll off vessels ("RoRo")) were involved in a conspiracy where they overcharged customers who shipped cars or other vehicles by RoRo from overseas. A RoRo is a type of ocean vessel that allows wheeled vehicles to be driven on and off the vessel and parked on its decks for ocean transport.
TopYou are a class member if you purchased Vehicle Carrier Services in Canada for the ocean freight shipment of vehicles including if you purchased or leased a new vehicle that was shipped from overseas to Canada between February 1, 1997 and December 31, 2012. For example, if you purchased your car or other vehicle from a dealership or someone else during this time – check your receipt to see if you were charged for Vehicle Carrier Services.
TopThe most recent settlement agreements reached was with Höegh Autoliners AS and Höegh Autoliners Inc. (collectively, "Höegh"). Höegh agreed to pay CAD $2,729,000 for the benefit of settlement class members and to provide co-operation (potentially helpful information) to the Plaintiffs about the other non-settling defendants. In exchange, they were provided with a full release of the claims against them in relation to the Class Actions. The settlement is not an admission of liability, fault, or wrongdoing, but rather a compromise of the disputed claims.
The Courts have approved the Höegh settlement as fair, reasonable and in the best interest of settlement class members.
Two previous settlements were also reached with certain defendants. First, with Compania Sud Americana de Vapores S.A. (“CSAV”) under which CSAV agreed to pay CAD $450,000 for the benefit of settlement class members and provide co-operation to the Plaintiffs. Second, with Mitsui O.S.K., Ltd., Mitsui O.S.K. Bulk Shipping (U.S.A.), Inc., Nissan Motor Car Carrier Co. Ltd., and World Logistics Service (USA) Inc. (collectively, “MOL”) under which MOL agreed to pay CAD $7,000,000 for the benefit of settlement class members and provide co-operation to the Plaintiffs. The CSAV and MOL settlements were approved by the Courts.
TopClass members will not be able to claim for any money yet, as the lawsuit is still ongoing and there could be other settlements or a judgment against the other Defendants, and potentially more money for class members.
TopThe settlements reached to date have been approved by the Courts and you do not have to do anything at this time.
TopThe deadline to comment on or object to the Höegh, MOL and/or CSAV Settlement Agreements has passed. The Courts have approved the settlement agreements and Class Counsel’s fee requests. It is no longer possible to comment and/or object to these settlements or the fee requests.
TopThe opportunity to opt-out (exclude yourself) from the Class Actions has passed. The Court ordered deadline to opt-out was May 10, 2017. If you are a class member and did not previously opt-out, you are legally bound by the results of the Class Actions, including the Court approved settlement agreements.
TopIf you provide Class Counsel with your contact information we will contact you directly if there is a future settlement or judgment. We respect your privacy and will not share your information with others.
You are also welcome to visit this website for updates, or contact Class Counsel directly for more information.
TopThere are three law firms representing Class Members in this lawsuit.
Foreman & Company represents Class Members in Ontario and in all provinces other than British Columbia and Québec.
CFM Lawyers LLP represents Class Members in British Columbia.
Belleau Lapointe, s.e.n.c.r.l. represents Class Members in Québec.
Class Counsel is paid on a contingency basis. This means Class Counsel only receives legal fees if there is a settlement or a judgment from the Court. The Court has to approve Class Counsel’s fees and disbursements. Class Counsel will not receive fees if the case is unsuccessful.
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