Canadian Class Action Commenced by Owners of Pella Windows and Doors
TORONTO, September 23, 2013 – A national class action was commenced in August 2011 on behalf of all persons in Canada who had purchased Pella Pro-line Series, Architect Series and Designer Series aluminum-clad windows and doors (“Pella Windows and Doors”).The claim sought compensation as a result of alleged defects in the Pella Windows and Doors. The defendants named in the lawsuit are Pella Corporation and Pella Windows & Doors of Ontario Corporation (“Pella”).The claim, filed with the Ontario Superior Court of Justice, alleges that Pella was negligent in the design of its Windows and Doors, and that Pella knew or ought to have known of the inherent defects and nevertheless sold, marketed and distributed the Windows and Doors throughout Canada. As alleged in the claim, the fundamental design defect is that the wood frame would leak under the cladding of the Windows and Doors causing deterioration and rotting and possible structural damage to the building.
A settlement was reached in August 2013 with Pella about the allegedly defective Pella ProLine brand casement, awning and/or transom windows manufactured by Pella Corporation between 1991 and 2006 (“Pella ProLine Casement Windows”). The Settlement covers possible water intrusion and damage to class members’ windows and property.The Claims Process created by the Settlement provides a maximum cash payment of $750 per structure and certain Discounts on a next purchase of a single Pella brand product unit. The Settlement also creates an arbitration process where Class Members can seek payment for unreimbursed expenses. The maximum award available in the arbitration process is $6,000 per structure.The Court in charge of this case still has to decide whether to approve the Settlement. If it does, and after any appeals are resolved, benefits will be distributed to those who file a valid and timely claim. Please be patient.The Court will hold a hearing on October 1, 2013 to determine whether to approve the Settlement.Please click here to access the Settlement Administrator’s website for further information about the Settlement.Please click here for a copy of the Notice of SettlementPlease click here for a copy of the Settlement.