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”)? If so, your legal rights could be affected.
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 (“Film Settlement Class Member”) in the Ontario Film Capacitor Class Action.
A settlement agreement has been reached with:
ELNA Co., Ltd. and ELNA America, Inc. (collectively “ELNA”); and Holy Stone Enterprise Co., Ltd., Vishay Polytech Co., Ltd. f/k/a Holy Stone Polytech Co., Ltd., Milestone Global Technology, Inc. d/b/a Holy Stone International, Holy Stone Holdings Co., Ltd., and Vishay Intertechnology, Inc., (collectively “Holy Stone”).
ELNA and Holy Stone have agreed to pay CAD $25,000 and CAD $10,000, respectively, for the benefit of the Film Settlement Class Members and CAD $2,475,000 and CAD $790,000, respectively, for the benefit of class members in a separate electrolytic capacitor class actions (“Electrolytic Settlement Class Members” and “Electrolytic Capacitor Class Actions”). ELNA and Holy Stone assert and the plaintiffs have accepted that they did not manufacture any film capacitors during the Film Class Period. As a result, the recovery on behalf of Film Settlement Class Members is nominal. In addition, both ELNA and Holy Stone have agreed to provide cooperation to the plaintiffs in pursuing their claims against the non-settling defendants. In exchange, ELNA and Holy Stone will be provided with a full release of the claims against them in relation to the Class Actions. The settlements are not admissions of liability, fault, or wrongdoing, but are compromises of disputed claims.
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 Film Settlement Class Members.
A motion to approve the settlement is scheduled to be heard at:
● the Ontario Superior Court of Justice on March 21st, 2022 at 10:00 am, virtually via Zoom videoconference;
● the Supreme Court of British Columbia, March 30th, 2022 at 9:00 am, virtually via Zoom videoconference; and
● the Superior Court of Québec on March 28th, 2022 at 9:30 am, virtually via Microsoft Teams videoconference.
Depending on the Covid-19 protocols in place at the time, it is anticipated that the settlement approval hearing will proceed by videoconference. If you think you are a Film Settlement Class Member and want to participate in the settlement approval hearing, please contact the lawyers working on the Class Actions for instructions and particulars on how to join the hearing.
If you do not oppose the settlement, 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 March 14th, 2022 at the latest.
STATUS OF THE CLASS ACTIONS
Previous settlements were reached with three groups of defendants, Panasonic Corporation, Panasonic Corporation of North America, Panasonic Canada Inc., and Sanyo Electric Co., Ltd. (collectively, “Panasonic”); Nitsuko Electronics Corporation (“Nitsuko”); and Okaya Electric Industries Co., Ltd.; and Okaya Electric America, Inc. (“Okaya”). Panasonic, Nitsuko and Okaya respectively agreed to pay CAD $1,350,000.00, USD $190,000.00 and CAD $460,000.00 for the benefit of the Film Settlement Class Members, and to provide cooperation to the plaintiffs. The Panasonic, Okaya and Nitsuko settlement money is being held in an interest-bearing trust account for the benefit of Film Settlement Class Members.
In Québec, on March 22, 2019, the Superior Court authorized the electrolytic Class Action, which is now allowed to proceed towards the trial. In Ontario and British Columbia, the electrolytic and film Class Actions are continuing towards the certification stage.
HOW DOES THIS RELATE TO THE “ELECTROLYTIC” CAPACITOR CLASS ACTIONS WHICH ARE UNDERWAY ACROSS CANADA?
The lawyers representing Film Settlement Class Members in the Film Capacitor Class Actions also represent Electrolytic Settlement 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.