Current Cases Under Administration
Purchasers of Polyurethane Foam Products* purchased, sold or delivered in Canada between January 1, 1999 and January 10, 2012, are part of a class action
*Polyurethane Foam Products means flexible polyurethane foam, products which contain flexible polyurethane foam and carpet underlay made from flexible polyurethane foam, except in the Domfoam/Valle Foam and Woodbridge settlements and settlements with certain individuals where it means all kinds of polyurethane foam and all products which contain any kind of polyurethane foam.
There are class action lawsuits certified/authorized across Canada alleging that the makers of Polyurethane Foam Products fixed the price of those products in Canada. The defendants deny those allegations.
The Courts have already approved a settlement with defendants Domfoam/Valle Foam and certain individuals for $1.226 million plus additional money which may be received from Domfoam/Valle Foam’s insolvency and an assignment.
There are new settlements with Polyurethane foam manufacturers, the defendants Carpenter, Vitafoam, FFP/Flexible Foam, Future Foam, Hickory Springs, Leggett & Platt, Mohawk Industries, Woodbridge and certain individuals for $29,282,497 in total. These new settlements must be approved by the Courts to be effective. The defendants’ full names are available on the websites set out below.
The Courts have certified/authorized the class actions against Polyurethane foam manufacturers Carpenter, Vitafoam, FFP/Flexible Foam, Future Foam, Hickory Springs, Leggett & Platt, Mohawk Industries, Woodbridge and certain individuals for settlement purposes only. The deadline for opting out of the class actions has already passed.
The BC and Quebec Courts have also certified/authorized the BC and Quebec class actions against defendant FXI and certain individuals. There is no settlement with these defendants and so the actions will be continuing against them.
Who is affected?
Individuals and entities in Canada and related parties who bought Polyurethane Foam Products purchased, sold or delivered in Canada between January 1, 1999 and January 10, 2012, except for defendants and their related parties, are class members and are affected by the settlements and the certification/authorization against FXI.
These new settlements provide benefits to class members in return for a release of the settling defendants and others from claims regarding Polyurethane Foam Products purchased, sold or delivered in Canada.
What happens next?
The Courts will now be asked to approve these new settlements and the lawyers’ fees. If these new settlements are not approved by the Courts, the class actions will continue against the settling defendants. If the Courts approve these new settlements, class members will be bound by them. The hearings will be:
in Vancouver, BC on September 21, 2015 at 10 a.m.,
The lawyers will ask the Courts for approval of a fee of 25% of all settlement funds achieved plus taxes and case expenses. The amount that is approved by the Courts as fair and reasonable will be deducted from the settlement funds.
How will the money be distributed to Settlement Class Members?
Class Counsel are in the process of finalizing a proposed distribution protocol and will ask the Courts to approve that distribution protocol at a later stage.