A class action is a lawsuit filed by one or more people called “representative plaintiffs” on behalf of other people who are similarly situated. This group of people is referred to as the “Class” or “Class Members.” One court decides all the common issues in the lawsuit for all Class Members, except for those who have excluded themselves from the Class. The deadline to exclude yourself from the Class has expired.Top
The representative plaintiff, on behalf of himself and the Class, is claiming damages from the defendants (IKO Industries Ltd., Canroof Corporation Inc., and I.G. Machine & Fibers Ltd., collectively, “IKO”) for the alleged negligent design and manufacture of IKO Organic Shingles and alleged breaches of consumer protection legislation. Specifically, the representative plaintiff alleges that IKO Organic Shingles were negligently designed and manufactured in a manner that, under normal conditions and usage, would result in premature failure.
See Claims Eligibility page, No 4 for a definition of IKO Organic Shingles.
IKO denies all of the allegations in the class action and asserts that IKO Organic Shingles are free of any defect, and in fact, are good quality roofing materials. However, in order to avoid the significant costs of this litigation and to achieve finality in terms of its ongoing obligations, IKO has agreed to a settlement that will resolve the class action. The settlement represents a voluntary resolution of claims. IKO does not admit any wrongdoing or liability.Top
The settlement does not affect any warranty claims relating to a problem with IKO Organic Shingles discovered after April 28, 2016 and received by IKO after May 28, 2016. IKO will continue to administer future warranty claims under its warranty program in accordance with the terms of any Applicable IKO Limited Warranty. Any Settlement Benefits available under the Settlement Agreement are separate from and in addition to any warranty benefits.
All other warranty claims related to problems with IKO Organic Shingles not addressed above are released by the settlement.
The settlement does not affect the duration of the IKO Limited Warranty.
If you received replacement shingles under warranty, the new shingles will only be warranted for the period that the original shingles were warranted. For example, if your original shingles were installed in 2000 and had a 20-year limited warranty, and you received replacement shingles as part of a warranty claim in 2012, your warranty coverage would expire in 2020.Top
If you believe that your warranty claim was improperly denied on or after May 28, 2016, you can start an action in small claims court based on breach of warranty. In that action, you can seek damages in the amount you are entitled to under the strict written express terms of your warranty. The settlement prevents you from seeking greater damages than you are entitled to under your warranty. However, if the court ultimately determines that you are entitled to warranty benefits, you may qualify for Settlement Benefits in addition to the warranty benefits.
For more information about how to start a small claims court action, email the Claims Administrator at: email@example.com. You may retain your own legal counsel to assist in bringing a small claims court action or you can choose to represent yourself.
If your IKO Warranty Claim was denied after February 11, 2018 on the basis both that you are a subsequent owner and a notification of request to transfer the IKO warranty was not received by IKO in accordance with the terms of the Applicable IKO Limited Warranty, you might still be eligible for Settlement Benefits. Click here for more information.Top
If you are a class member in Ontario, the Order approving the settlement dismissed your individual claim with prejudice and without costs (subject to the exception stated below).
If you are a class member in any other province, the Order approving the settlement deemed that you irrevocably consented to the dismissal of your claim with prejudice and without costs (subject to the exception stated below).
If you had an action that was started between December 17, 2007 and May 28, 2016 and that action was ongoing as of January 12, 2017, then you may continue that action for the sole purpose of requesting a declaration from the court that the facts and circumstances surrounding the IKO Warranty Claim were covered by the strict express written terms of your warranty. If you obtain that declaration, you may apply for Settlement Benefits, but not for warranty benefits.Top
A prerequisite to qualifying under the settlement is having an approved warranty claim (subject to certain exceptions) or a court declaration that you are entitled to benefits under the strict written express terms of your warranty. If you have not already done so, you should file a warranty claim with IKO. IKO can be reached directly by telephone at 1-800-361-5836.
After you have received an IKO Offer/Release as part of your warranty claim or a court declaration and assuming you meet the Eligibility Criteria, you should apply for Settlement Benefits.Top
Class Members who:
must submit a claim within 60 days after the date of the IKO Offer/Release (or, for subsequent owners, 60 days from the notice of denial), and no later than December 31, 2023.
The deadline for Class Members who:
was April 11, 2018 and has now passed.
Valid claims received on or before April 11, 2018 will be part of the first distribution. All other valid claims will be paid as part of the second distribution (after the December 31, 2023 claims deadline).Top
Generally speaking, you will need to provide as part of your settlement claim:
As part of the claims administration process, the Claims Administrator might request additional information or documents.
If you’ve received a IKO Offer/Release, but did not retain any of the documentation related to your claim, you should still file a claim in the class action settlement. The claim form requires that you provide your contact information and IKO warranty claim number (if known). By providing this information, the Claims Administrator will be able to request certain electronic information from IKO about your warranty claim and may be able to determine your eligibility for Settlement Benefits with this information.Top
Claimants (other than Category 3 Claimants, see “Settlement Benefits” page, No 3) can elect to receive part or full payment from the initial payment fund or final payment fund, as applicable, in the form of IKO fiberglass shingles. Claimants who make this election will be provided with a coupon for IKO fiberglass shingles, which they can redeem at any IKO distributor. Coupons will be issued based on the timeline disclosed in FAQ#13 and must be redeemed within six months of issuance. Any payments from the residual payment fund will be in cash for all Class Members, including those who elect fiberglass coupons.
The number of bundles contained in the coupon will be calculated by dividing the dollar value of the Settlement Benefits as determined by the Claims Administrator by $15 (with an adjustment for inflation for claims filed after 2017) and rounding to the nearest whole number. For example, assuming that the Settlement Benefits are valued at $1,000, the coupon would be for 67 bundles of shingles ($1000/$15). The related dollar value of the Settlement Benefits (in this example, $1,000) will be paid by the Claims Administrator to IKO after the coupon is redeemed.Top
Class Members who elect to receive a coupon for fiberglass shingles will receive a coupon for shingles with a corresponding warranty term. For example, Class Members who had IKO Organic Shingles with a 25-year limited warranty will receive a coupon for fiberglass shingles with a 25-year limited warranty.Top
There will be two rounds of payments (including in respect of the issuance of a coupon for IKO fiberglass shingles), and a possible third round of payments (in cash, including for Class Members who elected to receive IKO fiberglass shingles):
Siskinds LLP, a law firm based in London, Ontario, acts on behalf of the Class. Siskinds can be reached at:
IKO Class Action
680 Waterloo St
London, ON N6A 3V8
You do not need to pay out-of-pocket for the lawyers working on the class action. The Court has approved legal fees of 25% of the settlement amount, plus disbursements and applicable taxes to be paid out of the settlement amount.Top
If you have further questions please contact RicePoint Administration Inc. at: