This case has been successfully settled.
The Honourable Mr. Justice Sproat of the Superior Court of Justice approved the settlement on November 9, 2011.
Click Here to Read Judgment Re: Settlement Approval
Notice of settlement/settlement approval will be provided to class members via a direct mailing.
Click Here to Read Notice of Settlement Approval
Amount of settlement
In general terms, the settlement contemplates a Base Fund to all class members, to be in the approximate amount of $825.00.
In addition, all class members will have an opportunity to make a claim to the Additional Compensation Fund to receive maximum compensation of $10,000.00 each.
The timelines for implementation of the settlement are as follows:
Opting back in (if you opted out)
If you previously opted-out of the action, you are being given an opportunity to opt back in so as to receive payment of compensation under the settlement.
If you wish to opt back in, you must send a fully completed Opt-In Form to Nicholas Mastroluisi, CA, Petinelli Mastroluisi LLP (on or before February 22, 2012).
Contact information:
1 James Street South 6 th Floor Hamilton, Ontario L8P 4R5. By Fax: 905-522-6574 Or by Email: nickm@petmas.ca
Click Here to Read Opt-In Form
If you earlier opted-out and do not wish to receive settlement benefits or participate in the settlement in any way, you need not do anything. Your prior opt-out decision will be effective. You will not be entitled to any settlement benefits or payment of any compensation.
Additional claims
In order to make a claim to the Additional Compensation Fund, a Claim Form must be completed and submitted to the Administrator (on or before March 23, 2012):
National Class Action Services (Canada) Inc. 3230 Yonge Street Suite 200 Toronto, Ontario M4N 3P6
Settlement Fund paid
By November 24, 2011 (15 days of Judgment being issued)
Ford Canada shall pay $835,000.00 to the Administrator
Notice to be sent
By December 24, 2011 (Within 45 days of the Judgment)
Ford Canada will send the Notice, Opt-In Form, Claim Form and Private Offer by regular mail to the 55 individuals listed on Appendix “A” of the Distribution Plan, to the addresses in the possession of Ford Canada. Ford Canada will also send the Notice, Opt-In Form and Claim Form via email to such individuals, where Ford Canada has email addresses for those individuals in its possession. The Private Offer will not be e-mailed by Ford Canada, although the email attaching the Notice, Opt-In Form and Claim Form will indicate that the Private Offer will be sent by mail.
Notice to be sent
by December 24, 2011 (Within 45 days of the Judgment)
Ford will also send the Notice, Claim Form and Private Offer by regular mail to all Class Members who did not previously opt-out of the Action at the addresses in the possession of Ford Canada. Ford Canada will also send the Notice and Claim Form via email to such Class Members, where Ford Canada has email addresses for those Class Members in its possession. The Private Offer will not be emailed by Ford Canada, although the email attaching the Notice and Claim Form will indicate that the Private Offer will be sent by mail.
Opt Back-In Deadline
By February 22, 2012 (105 days after the date of the Judgment)
The individuals listed on Appendix “A” of the Distribution Plan shall be entitled to opt back into the Action and participate in the settlement. In order for an individual to opt-in, the Opt-In Form must be received by the Opt-Out Administrator on or before that date. Any Opt-In Form received after that date shall not be valid and those individuals shall not be entitled to participate in the settlement. Notwithstanding the foregoing, however, all individuals listed on Appendix “A” of the Distribution Plan shall be entitled to use the Private Offer provided to them (subject to its terms) regardless of whether they opt back into the Action.
Base Fund top-up date
By February 22, 2012 (105 days after the date of the Judgment)
For every completed Opt-In Form received by the Opt-Out Administrator on or before said date, Ford Canada shall pay $1,100.00 to the Administrator to increase the amount in the Base Fund. Such additional payments shall not exceed the aggregate of $60,500.00 and shall be paid by Ford Canada to the Administrator on or before the date that is 15 days from the date Ford Canada receives the Opt-Out Administrator’s report on the Opt-In Forms .
Additional Compensation Fund Claim deadline
By March 23, 2012 (1 35 days after the date of the Judgment)
Claims for additional compensation from the Additional Compensation Fund may be made by Class Members through completion and submission of a Claim Form to the Administrator on or before said date. The claims for additional compensation of Class Members whose Claim Forms are received following that date will not be considered by the Administrator and no additional compensation will be paid to such Class Members
Completion of Additional Compensation Claim assessments
By June 21, 2012 (225 daysfrom the date of the Judgment)
The Administrator shall complete its assessment and determination of all claims for additional compensation from the Additional Compensation Fund. Such mailings shall be completed within 45 days of the date that the Administrator completes its assessment and determination of the additional compensation claims from the Additional Compensation Fund
Additional Compensation Claims
All reported – August 5, 2012 (45 days from June 21, 2012)
