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UPDATE JUNE 20, 2008
The Court Hearing to approve the Settlement of this class procedding was held on June 16, 2008. Subject to receiving further information on counsel fees, the Superior Court has approved the Settlement.
If you wish to make a claim under the Settlement, you must do so by September 8, 2008. You may submit a claim by mail or on-line. If you have not received a claim form and wish to submit a claim, you may obtain the claim form on www.furnaceclaims.ca. You may also contact the Claims Administrator at 1 (877) 632-0916 to have a claim mailed to you.
UPDATE MARCH 24, 2008
Please click here to read the Press Release providing details of the settlement. To obtain a claim form, view the settlement agreement, review a list of qualifying furnances, or to contact the settlement administrator, please visit www.furnaceclaims.ca. The deadline to submit a claim is September 8, 2008.
UPDATE JANUARY 31, 2008
On January 28, 2008, the Honourable Justice Joan Lax of the Ontario Superior Court of Justice certified the Canadian Carrier furnace class action for the purposes of Settlement of this class proceeding. Her Honour approved the Canada/U.S. Settlement Agreement executed on November 9, 2007 and the Notice Plan through which the Canadian class members will be notified of their rights and obligations. A similar ruling is anticipated from the Quebec Superior Court in respect of Quebec residents.
Under the Notice Plan, details of the settlement will be mailed to the Canadian class members, and will be published in daily newspapers and leading Canadian magazines. There will also be broadcasts of the Notice through radio public service announcements. An informational website will also be established in English and French for class members to obtain additional information about the case and notice documents.
The order also contemplates that each member of the Canadian class may elect to opt out or object to the settlement by June 9, 2008. Class members who are eligible to participate in the settlement can submit a properly executed proof of claim form. Details on opt out and objection procedures, as well as the claim form will be available in the class member mailing, as well as on the website.
The fairness hearing to approve the settlement and Canadian class counsel fees and disbursement is scheduled for June 16, 2008. Class member objections will also be heard at that time.
The opt-out, objection and fairness hearing dates are subject to change, according to the outcome of certification and notice approval hearing in the province of Quebec. We will update this site as new information becomes available.
UPDATE JULY 31, 2007
The plaintiffs' motion materials in support of certification of this class proceeding have now been served and filed with the Court. The materials included an affidavit from each of our representative plaintiffs along with the affidavit of our experts. We will update this site once we have a date for the hearing of the certification motion before the Court.
Background about the Carrier Class Action
October 10, 2006 - Homeowners in Ontario and Wisconsin have filed separate class-action suits against Carrier Corp., seeking compensation for corrosion in furnaces sold since the mid-1980s under the Carrier, Bryant, Day Night, or Payne brand names.
The Ontario suit, filed in Toronto, is brought on behalf of all Canadians with the allegedly defective furnaces. The class action filed in Madison, Wis., is brought on behalf of an estimated 200,000 furnace owners.
The Statement of Claim alleges that beginning in the mid-1980s, Carrier started manufacturing its high-end furnaces out of inferior material that corrodes and prematurely fails, without disclosing that fact to consumers.
The complaints in each case allege that Carrier stopped using stainless steel secondary heat exchangers in favour of cheaper polypropylene-laminated mild steel. Plaintiffs allege that the polypropylene separates from the steel and degrades due to the high temperatures in the furnace, exposing the underlying mild steel to acidic condensate.
In Canada, Carrier warrants the heat exchanger for 20 years. Despite these warranties, plaintiffs allege that Carrier's condensing furnaces fail prematurely and well before their warranted and expected life.
UPDATE JULY 31, 2007
The plaintiffs' motion materials in support of certification of this class proceeding have now been served and filed with the Court. The materials included an affidavit from each of our representative plaintiffs along with the affidavit of our experts. We will update this site once we have a date for the hearing of the certification motion before the Court.
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