Vehicle Carriers Class Action

In these Class Actions the Plaintiffs allege that a number of companies who offer “Vehicle Carrier Services” (the paid international ocean shipping services via roll on/roll off vessels) were involved in a conspiracy where they overcharged customers who shipped cars or other vehicles by RoRo from overseas. A RoRo is a type of ocean vessel that allows wheeled vehicles to be driven on and off the vessel and parked on its decks for ocean transport.

You are a class member if you paid for Vehicle Carrier Services for the ocean freight shipment of new vehicles including if you purchased or leased a new vehicle that was shipped from overseas to Canada between February 1, 1997 and December 31, 2012. For example, if you purchased your car or other vehicle from a dealership or someone else during this time – check your receipt to see if you were charged for Vehicle Carrier Services.

The Plaintiffs have settled with Mitsui O.S.K., Ltd., Mitsui O.S.K. Shipping (U.S.A.), Inc., Nissan Motor Carrier Co. Ltd., and World Logistics Service (USA) Inc. (collectively, "MOL"). MOL has agreed to pay CAD $7,000,000 for the benefit of settlement class members and to provide co-operation (potentially helpful information) to the Plaintiffs about the other non-settling defendants.

The court has to approve the MOL settlement in order for it to be final. The hearings where the court will consider approving the MOL settlement, will take place at:

• Superior Court of Québec on November 20, 2023 at 9:30 a.m. at 1, rue Notre-Dame Est, Montréal, Québec;
• Ontario Superior Court of Justice on November 24, 2023 at 2:30 p.m. by virtual hearing; and
• Supreme Court of British Columbia on December 12, 2023 at 9:00 a.m. at 800 Smithe Street, Vancouver, British Columbia.

A previous settlement was also reached with Compania Sud Americana de Vapores S.A. (“CSAV”) under which CSAV agreed to pay CAD $ 450,000 for the benefit of settlement class members and provide co-operation to the Plaintiffs. The CSAV settlement was approved by the courts.

Class members will not be able to claim for any money yet, as the lawsuit is still ongoing and there could be other settlements or a judgment against the other Defendants, and potentially more money for Class Members.

If you do not want to object to or comment on the MOL Settlement Agreement you do NOT have to do anything.

If you would like to comment on or object to the MOL Settlement Agreement then you need to do so by November 17, 2023 - see FAQ#6 to learn what steps to take.

If you wish to comment on or object to the MOL Settlement Agreement, you must deliver a written submission to the appropriate lawyer below by November 17, 2023. The lawyer will forward any submissions to the appropriate Court.

The CSAV Settlement Agreement was approved by the courts in Québec on May 16, 2017, in Ontario on May 29, 2017, and in British Columbia on July 26, 2017,  and no further comments or objections to the CSAV Settlement Agreement can be made.

The opportunity to opt-out (exclude yourself) from the Class Actions has passed. The court ordered deadline to opt-out was May 10, 2017. If you are a class member and did not previously opt-out, you are legally bound by the results of the Class Actions, including the MOL Settlement Agreement if it is approved.

If you provide Class Counsel with your contact information we will contact you directly if there is a future settlement or judgment. We respect your privacy and will not share your information with others.

You are also welcome to visit this website for updates, or contact Class Counsel directly for more information.

There are three law firms representing class members in this lawsuit.

Foreman & Company represents Class Members in Ontario and in all provinces other than British Columbia and Québec.

• Foreman & Company can be reached toll free at 1-855-814-4575, by e-mail at classactions@foremancompany.com or by mail at 4 Covent Market Place, London, Ontario N6A 1E2, Attention: Jonathan Foreman.

Camp Fiorante Matthews Mogerman represents Class Members in British Columbia.

• Camp Fiorante Matthews Mogerman can be reached toll free at 1-800-689-2322, by e-mail at info@cfmlawyers.ca  or by mail at Suite 400, 856 Homer Street, Vancouver, British Columbia V6B 2W5, Attention: David G.A. Jones.

Belleau Lapointe, s.e.n.c.r.l. represents Class Members in Québec.

• Belleau Lapointe, s.e.n.c.r.l. can be reached toll free at 1-888-987-6701, by e-mail at info@belleaulapointe.com or by mail at 300 Place d’Youville, office B-10, Montréal, Québec H2Y 2B6, Attention: Maxime Nasr.

Class Counsel is paid on a contingency basis. This means Class Counsel only receives legal fees if there is a settlement or a judgment from the Court. The court has to approve Class Counsel’s fees and disbursements. Class Counsel will not receive fees if the case is unsuccessful. Class Counsel will ask the court to approve legal fees of up to 25% of the MOL Settlement at the MOL Settlement Approval Hearings.