Official Settlement Information Website
Did you purchase film capacitors or products containing film capacitors, such as a smartphone or a television, between January 1, 2002 and December 31, 2014 (the “Class Period”) in Canada?
CLASS ACTIONS ARE UNDERWAY ACROSS CANADA, WHICH ALLEGE OVERCHARGES FOR FILM CAPACITORS, OR PRODUCTS CONTAINING FILM CAPACITORS, PURCHASED DURING THAT TIME (the “Film Capacitor Class Actions”).
AM I A CLASS MEMBER?
If you are a Canadian resident and purchased film capacitors or products containing film capacitors during the Class Period, you are a settlement class member (“Class Member”) in one of three Film Capacitor Class Actions being pursued jointly across Canada: 1) a British Columbia action for residents of British Columbia, 2) a Québec action for residents of Québec, 3) an Ontario action for the residents of Ontario and the rest of Canada.
Settlements were reached with three defendants, Nitsuko Electronics Corporation (“Nitsuko”), Okaya Electric Industries Co., Ltd. and Okaya Electric America, Inc. (“Okaya”). Nitsuko and Okaya have respectively agreed to pay USD $190,000.00 and CAD $460,000.00, and to provide cooperation to the plaintiffs.
Nitsuko and Okaya had a small share of the relevant film capacitor market during the class period. The litigation continues against 36 other non-settling defendants.
WHAT DO I HAVE TO DO NOW?
Settlement money will not be distributed now, as the case is still ongoing.
The Court must now determine whether the settlement is fair, reasonable and in the best interests of Class Members.
Motions to approve the settlement are scheduled to be heard at:
● the Ontario Superior Court of Justice on November 5, 2018 at 10am, at 80 Dundas Street, London, Ontario;
● the Superior Court of Québec on December 3, 2018 at 9:30am, at 1, rue Notre-Dame Est, Montréal, Québec, and;
● the Supreme Court of British Columbia on November 30, 2018 at 9am, at 800 Smithe Street, Vancouver, British Columbia.
If you do not oppose the settlement, and do not want to opt-out of the Film Capacitor Class Actions, you do not need to do anything else at this time.
If you wish to comment or object to the settlements, you must deliver a written submission to one of the lawyers listed here by October 24, 2018 at the latest.
If you do not want to be a Class Member in the Film Capacitor Class Actions, your opt-out must be received by October 24, 2018 at the latest. Instructions on how to opt-out of the Film Capacitor Class Actions can be found here.
HOW DOES THIS RELATE TO THE “ELECTROLYTIC” CAPACITOR CLASS ACTIONS?
The lawyers representing Class Members in the Film Capacitor Class Actions also represent class members in Electrolytic Capacitors Class Actions underway across Canada.
Electrolytic and film capacitors are used to store energy in electric circuits. They are used in similar types of electronic products, but are made from different materials, and in some cases by different manufacturers.
If you are a purchaser of electronic products, you may be a class member in both actions, and should inform yourself of important updates in both cases. Please click here for more information on the Electrolytic Capacitors Class Actions.
The Canadian Union of Postal Workers (CUPW) continues to announce strikes across numerous locations throughout Canada. This may impact the delivery of any mail or parcels being sent to our postal box. Click here (hyperlink: https://www.canadapost.ca/web/en/comm/alert/list.page) for the latest developments about service disruptions related to the rotating strikes by CUPW.