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What is this class action about?

The representative plaintiff, on behalf of himself and the Class, claimed damages from the defendants (IKO Industries Ltd., Canroof Corporation Inc., and I.G. Machine & Fibers Ltd.) for the alleged negligent design and manufacture of IKO Organic Shingles. A settlement has been reached in the litigation. The settlement was approved by the Ontario Court on behalf of Canadian class members.

For Class Members who received an IKO Offer/Release dated on or before February 11, 2018, or who are claiming based on a warranty claim denied prior to May 28, 2016, the deadline to submit a settlement claim was April 11, 2018.

Class Members who received an IKO Offer/Release dated after February 11, 2018 must submit a claim within 60 days after the date of the IKO Offer/Release, and no later than December 31, 2023. 

If you submitted a claim by the initial claims deadline of April 11, 2018, your claim is under review and decision notices have begun to be mailed on a rolling basis.

Anticipated timeline for the initial distribution is the summer of 2019.

If your contact information has changed since submitting your claim, please contact RicePoint Administration to update. You can email RicePoint at [email protected] or call toll free at 1.866.962.0503.

For more information about the settlement and the process for applying to receive settlement benefits, please click here or contact RicePoint Administration at 1.866.962.0503.

Developments

Claims Process

A settlement has been reached in the class action. Pursuant to the Settlement, the Defendants agreed to pay CAD$7.5 million for the benefit of Class Members.

For Class Members who received an IKO Offer/Release dated on or before February 11, 2018 or who are claiming based on a warranty claim denied prior to May 28, 2016, the deadline to submit a settlement claim was April 11, 2018.

Class Members who received an IKO Offer/Release dated after February 11, 2018 must submit a claim within 60 days after the date of the IKO Offer/Release, and no later than December 31, 2023. 

Valid claims received on or before April 11, 2018 will be part of the first distribution. All other valid claims will be paid as part of the second distribution (after the December 31, 2023 claims deadline).

For more information about the settlement and the process for applying to receive settlement benefits, please click here or contact the class action claims administrators by telephone at 1.866.962.0503 or by email at [email protected].

Settlement

A hearing to approve the settlement was heard on May 9, 2017 in Brampton, Ontario. On June 8, 2017, the settlement agreement was approved by the Ontario Court. The Settlement Approval Order can be viewed here and the associated Reasons of Justice Baltman are posted here.

Related proceedings were commenced in Albert and Quebec. The Alberta action has been dismissed by Court order, dated June 20, 2017. The Alberta Court’s order can be viewed here. In the Quebec Court, a “recognition” order was granted on July 25, 2017. The Quebec Court’s order can be viewed here.

For information about the settlement, including who is eligible to apply for settlement benefits and how the settlement fund will be distributed, please review the notice posted here.

Please be advised that the parties have agreed to certain amendments to the settlement agreement. Specifically, the parties have agreed to amend the eligibility criteria such that the following class members will be eligible for settlement benefits:

1. Class members whose IKO Warranty Claims were denied on the basis that the class member is a subsequent owner and a notification of request to transfer the IKO warranty was not received by IKO in accordance with the terms of the Applicable IKO Limited Warranty. The facts and circumstances of the class member must otherwise satisfy the strict express terms of the Applicable IKO Limited Warranty and the other eligibility requirements (including having experienced Qualifying Damage). As the IKO warranty varied over the years, please review your particular warranty for applicable terms. The applicable terms of the warranty generally include the following:

a) warranty coverage is only available to the first subsequent property owner following shingle installation;

b) the real estate transfer must have occurred within ten years following shingle installation; and

c) the subsequent property owner must notify IKO of the warranty claim within two years following date of real estate transfer.

Class Members eligible on this basis will receive 40 points per Approved Bundle.

2. Class members who: (a) installed their IKO Organic Shingles prior to June 30, 1997, (b) received an IKO warranty Offer/Release, (c) did not accept the IKO warranty Offer/Release (and therefore did not receive IKO warranty benefits), and (d) satisfy the other eligibility requirements. These Class Members will receive 40 points per Approved Bundle if they experienced Qualifying Damage and 15 points per Approved Bundle if they did not experience Qualifying Damage.

FAQs

For information about the settlement and the process for applying to receive settlement benefits, please visit http://www.ikoorganicsettlement.com/.

Documents

Documents

Certification Documents

Claims Process

A settlement has been reached in the class action. Pursuant to the Settlement, the Defendants agreed to pay CAD$7.5 million for the benefit of Class Members.

For Class Members who received an IKO Offer/Release dated on or before February 11, 2018 or who are claiming based on a warranty claim denied prior to May 28, 2016, the deadline to submit a settlement claim was April 11, 2018.

Class Members who received an IKO Offer/Release dated after February 11, 2018 must submit a claim within 60 days after the date of the IKO Offer/Release, and no later than December 31, 2023. 

Valid claims received on or before April 11, 2018 will be part of the first distribution. All other valid claims will be paid as part of the second distribution (after the December 31, 2023 claims deadline).

For more information about the settlement and the process for applying to receive settlement benefits, please click here or contact the class action claims administrators by telephone at 1.866.962.0503 or by email at [email protected].

Settlement

A hearing to approve the settlement was heard on May 9, 2017 in Brampton, Ontario. On June 8, 2017, the settlement agreement was approved by the Ontario Court. The Settlement Approval Order can be viewed here and the associated Reasons of Justice Baltman are posted here.

Related proceedings were commenced in Albert and Quebec. The Alberta action has been dismissed by Court order, dated June 20, 2017. The Alberta Court’s order can be viewed here. In the Quebec Court, a “recognition” order was granted on July 25, 2017. The Quebec Court’s order can be viewed here.

For information about the settlement, including who is eligible to apply for settlement benefits and how the settlement fund will be distributed, please review the notice posted here.

Please be advised that the parties have agreed to certain amendments to the settlement agreement. Specifically, the parties have agreed to amend the eligibility criteria such that the following class members will be eligible for settlement benefits:

1. Class members whose IKO Warranty Claims were denied on the basis that the class member is a subsequent owner and a notification of request to transfer the IKO warranty was not received by IKO in accordance with the terms of the Applicable IKO Limited Warranty. The facts and circumstances of the class member must otherwise satisfy the strict express terms of the Applicable IKO Limited Warranty and the other eligibility requirements (including having experienced Qualifying Damage). As the IKO warranty varied over the years, please review your particular warranty for applicable terms. The applicable terms of the warranty generally include the following:

a) warranty coverage is only available to the first subsequent property owner following shingle installation;

b) the real estate transfer must have occurred within ten years following shingle installation; and

c) the subsequent property owner must notify IKO of the warranty claim within two years following date of real estate transfer.

Class Members eligible on this basis will receive 40 points per Approved Bundle.

2. Class members who: (a) installed their IKO Organic Shingles prior to June 30, 1997, (b) received an IKO warranty Offer/Release, (c) did not accept the IKO warranty Offer/Release (and therefore did not receive IKO warranty benefits), and (d) satisfy the other eligibility requirements. These Class Members will receive 40 points per Approved Bundle if they experienced Qualifying Damage and 15 points per Approved Bundle if they did not experience Qualifying Damage.

For information about the settlement and the process for applying to receive settlement benefits, please visit http://www.ikoorganicsettlement.com/.

Documents

Certification Documents