Client: FRÉDÉRIC MORIER V. OUELLET CANADA INC. ET STELPRO DESIGN INC. ET THERMON GROUP HOLDINGS INC. ET GLEN DIMPLEX AMERICAS LTD.
Date: April 2019
If you purchased a construction heater or a heating appliance manufactured by Ouellet, Stelpro or Dimplex between 1989 and 2016, your rights could be affected by a national class action settlement.
In March 2019, certain construction heaters or heating appliances branded Ouellet, Electrimart, Global Commander, Stelpro Design, Uniwatt, Chromalox, Centurion, Electromode, Westcan and Dimplex manufactured between 1989 and 2016 (the “Heaters”) were recalled as a result of a safety issue and fire hazard that could result in severe damage to property or bodily injury (the “Recalls”).
By way of the Recalls, the owners and users of the Heaters were informed to immediately cease using and disconnect their devices.
Construction heaters and heating appliances are heating devices intended to provide a temporary or permanent additional source of heating for certain locations, including construction sites, workshops and garages.
The list of specific Heaters captured by the class action is included below and available at https://constructionheaters-classaction.ca/.
If you are still owning one of the Heaters, you must immediately stop using and disconnect your device if you have not already done so as directed by the Recalls.
The class action lawsuit was commenced in Quebec against Ouellet Canada Inc., Stelpro Design Inc., Glen Dimplex America Ltd and Thermon Group Holdings, Inc. (the “Defendants”) in furtherance to the Recalls (the “Class Action”).
By way of the Class Action, the Plaintiff is alleging, inter alia, that the Heaters were defective in their manufacture and that they presented dangerous safety issues and fire hazards.
The Class Action was not authorized or certified by the Court against any of the Defendants before this settlement was reached.
Although the Defendants deny any wrongdoing or liability, a national settlement was reached with the Plaintiff for the global resolution of all claims pertaining to the Class Actions (the “Settlement”), subject to approval of the Court in Quebec (the “Court”).
The Settlement provides for the following benefits for the Settlement Class Members (see below) in exchange for a full release of claims against the Defendants and other related entities:
- Compensation by way of a discount for the purchase of a replacement heating device from the manufacturer having initially manufactured or sold it;
- The payment of the fees and disbursement to Class Counsel independently from the above up to $500,000, inclusive of taxes, if approved by the Court.
If the Settlement is approved by the Court, this will put an end to the Class Action, which will resolve all claims in relation to the Heaters and entailing that no further claim could be brought in relation thereto.
If the Settlement is approved by the Court, further information about how to claim your compensation for the purchase of a replacement heating device will be made available.
At such time, another notice intended to the Settlement Class Members will be published containing all the relevant information.
If you would like to receive direct notice of any distribution efforts, please register at https://constructionheaters-classaction.ca/, or contact Class Counsel at the address below.
In order to implement the Settlement, the Court has authorized the Class Action as class proceedings against the Defendants for settlement purposes only.
As the case may be, the refusal by the Court to approve the Settlement will entail its termination and that of all the benefits to the Settlement Class Members and resume the litigation between the parties.
You are a Settlement Class Member, if on (insert date of Pre-Approval Judgment), you owned in Canada one of the following Heaters:
|Ouellet Canada Inc.||Ouellet||OCC4800
|Between 1989 and 2016|
|Stelpro Design Inc.||Stelpro Design||PCH48T
|Between 2000 and 2009|
|Glen Dimplex Americas Ltd.||Chromalox
|Between 1992 and 2006|
All Settlement Class Members are affected by this notice.
A hearing to consider the approval of the Settlement, the benefits for the Settlement Class Members and the approval of Class Counsel Fees will be heard on December 18, 2023 before the Superior Court of Quebec in Montreal, either in person or by virtual conferencing at the following coordinates:
Anyone can attend the hearing, but if you wish to speak to the Court, please kindly advise beforehand the Class Counsel at the address below.
If you wish to provide written comment on or objection to the Settlement, you must do so by delivering same to Class Counsel by writing at the address below. Comments or objections will be provided to the Court for consideration in whether to approve or reject the Settlement.
If you qualify as a Settlement Class Members and wish to participate in the Settlement, you do not need to do anything at this time.
The deadline to opt out of the Settlement and the Class actions is November 24, 2023.
By opting out, you are choosing:
- not to take part in the Settlement;
- not to participate in any way in the Class Action, AND
- not to participate in any benefits arising from the Settlement or the Class Action.
Settlement Class Members who opt out will not be bound by the Settlement or the releases in the Settlement, but will also not be entitled to share in any of the proceeds that may become available to Settlement Class Members as part of the Settlement. Settlement Class Members who opt out will also not be entitled to participate in the prosecution of the Class Action, as the case may be.
Settlement Class Members who do not opt out will be bound by the Settlement and the releases in it, and will be entitled to the benefits that may become available as a result of the Settlement.
There will be no further opportunity to opt out of the Settlement or the Class Action.
FOR MORE INFORMATION on the status of the approval hearing or on how to opt out of the Class Action, comment or object to the Settlement, or to view the Settlement Agreement and a list of other definitions that apply to this Notice, visit https://constructionheaters-classaction.ca/, which will be periodically updated with information on the Settlement approval process and the Class Action.
|2019 04 24 Demande Autorisation Amendee et Corrigee|
|2019 04 24 Demande Autorisation Amendee et Corrigee2|
|2019 12 05 Jugement|
|2023 04 25 Judgment (Pre Approval Notices) Heaters(14584600.1)|