1. Sutts, Strosberg LLP (now Strosberg Sasso Sutts LLP) is counsel in three class actions commenced in Windsor, Ontario on behalf of all persons in Canada who purchased flexible polyurethane foam and products containing flexible polyurethane foam except those persons who reside in Québec or British Columbia. The lawsuits allege that the defendant manufacturers conspired to fix the price at which flexible polyurethane foam was sold in Canada and worldwide from at least January 1, 1999.
2. Parallel actions were commenced against the defendants in British Columbia and Québec. Counsel in the three jurisdictions are working co-operatively to prosecute the actions nationally.
CERTIFICATION OF THE CLASS ACTIONS FOR SETTLEMENT PURPOSES
3. In 2013, the courts authorized/certified the actions as class proceedings for settlement purposes only.
4. The Class across Canada is defined collectively as:
Persons in Canada who purchased flexible polyurethane foam or products which contained flexible polyurethane foam in Canada between January 1, 1999 and January 10, 2012, except for the defendant manufacturers and their affiliates.
5. The time to exclude oneself or opt-out of the class actions pursuant to the court orders has passed. No one opted out of the class actions, so everyone who purchased flexible polyurethane foam or products containing flexible polyurethane foam in Canada in the relevant time period is a member of the Class.
6. The Courts previously approved a settlement with defendants Domfoam/Valle Foam and certain individuals and $6,468,950.42 was recovered from that settlement and Domfoam’s CCAA (insolvency) proceedings. Addditional money may still be received from Domfoam/Valle Foam’s insolvency.
7. The Courts also previously approved settlements with the other defendants Carpenter, Vitafoam, FFP/Flexible Foam, Future Foam, Hickory Springs, Leggett & Platt, Mohawk Industries, Woodbridge and certain individuals for a further recovery of $29,282,497.
8. On April 12, 2017, the Ontario Court approved the final settlment with the remaining defendants, Foamex Innovations, Inc., Foamex Innovations Canada, Inc., Les Industries Foamextra Inc. and certain individuals for $2,450,000. The Court’s order and reasons for decision may be reviewed.
9. The distribution protocol created in consultation with economic and industry experts was also approved on that date.
10. The Courts in British Columbia and Quebec both previously approved the FXI settlement and the distribution protocol.
11. The money will be distributed to the purchasers of flexible polyurethane foam, certain bedding and furniture products which contain flexible polyurethane foam and carpet underlay made from flexible polyurethane foam. No money will be paid for purchases of molded or technical flexible polyurethane foam and products which contain molded or technical flexible polyurethane foam. The distribution protocol may be viewed here and the administration protocol may be viewed here or at www.foamclassaction.ca and www.recourscollectif.info/fr/dossiers/mousse.
12. A claims notice program has been prepared for approval of the Courts. We anticipate approval of the notice to be given in August or September. If notice approval is not delayed, the Claims Program should become available in the fall once the notice program commences.
13. Class members must make a timely claim under the Claims Program to be elibible to share in the settlement distrubution.
14. Class members should retain all proof of purchase of flexible polyurethane foam, products which contain flexible polyurethane foam and carpet underlay made from flexible polyurethane foam between January 1, 1999 and January 10, 2012 and monitor this website or www.foamclassaction.ca and www.recourscollectif.info/fr/dossiers/mousse for updated information.
15. This is only a summary description of the settlement agreements, the distribution protocol and other documents. It is recommended that Class Members review the documents posted on this website carefully and in their entirety. The content of the actual documents shall govern in the event there are any discrepancies between the documents and the summary provided.
16. Monitor this website periodically for updates on the future claims process.
17. If you would like to speak to someone about this lawsuit, please call Strosberg Sasso Sutts LLP at 1.800.229.5323, extension 296.
18. If you would like to learn more about how a class action works, please click here.
This website provides general information to Class Members on class actions that have been commenced in Ontario against manufacturers of flexible polyurethane foam.
|Certification authorization order (General Foam)||418.64 KB|
|Certification authorization order (Carpet Underlay)||546.36 KB|
|Certificationauthorization order Individuals||4.12 MB|
|FXI Defendants Certification Order||2.44 MB|
|FXI Settlement Agreement||1.79 MB|
|ORDER OF JUSTICE LEITCH||3.63 MB|
|SETTLEMENTDISTRIBUTIONPROTOCOL AND NOTICE PROGRAM APPROVAL||263.71 KB|
The distribution protocol finalized in consultation with economic and industry experts was approved by the Courts.
Class Counsel are working in consultation with media experts to finalize the claims notice program for approval by the Courts.
Once the Courts have approved a claims notice program, the Claims Program will be run. Class members must submit a timely claim in order to be eligible to share in the settlement distribution.