The Maibec class action relates to allegations that Maibec Inc. negligently designed, manufactured, marketed, and sold wood shingles and siding such that, under normal conditions and usage, the wood shingles and siding are prone to premature failure.
The Plaintiffs seek damages, on behalf of themselves and the proposed class, for, among other things, the costs of removing and replacing defective Maibec wood shingles and/or siding, included but are not limited to, associated labour costs and property damage.
Who is affected by the Maibec Inc. class action?
You are affected by the Maibec Inc. class action if you are a “member” of the class (the “Group”) as described below:
“All natural and legal persons, who reside in Canada or the United States, that own or have owned, lease or have leased, and all those who have or may pursue claims through or in the name or right of those who own or have owned, lease or have leased homes and/or buildings that contain or have ever contained Maibec wood shingles and/or siding or that bought Maibec wood shingles and/or siding.”
Developments
On May 27, 2016, the Honourable Justice Alicia Soldevila of the Québec Superior Court dismissed the motion for authorization to institute a class action on behalf of all persons in Canada. Consequently, the class action will not proceed and the operation of article 2908 of the Civil Code of Québec has ceased and prescription has started to run again. Prescription is the limit of time allowed to file an action in Court.
The present update is not intended to be legal advice and you may wish to consult your own attorney.