FINAL NOTICE OF CERTIFICATION AND SETTLEMENT APPROVAL GM INTAKE MANIFOLD GASKET CLASS ACTION
This notice may affect your rights. Please read it carefully.
In 2006, seventeen (17) proposed class actions were commenced in Ontario, Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland, Nova Scotia, Prince Edward Island, Quebec, and Saskatchewan alleging, inter alia, that the nylon intake manifold gaskets installed in certain General Motors Corporation and General Motors of Canada Limited (“GM”) vehicles were defective.
A settlement has been reached between the plaintiffs (the individuals who commenced the lawsuit) and GM, (the “Settlement”). The members of the class affected by the Settlement are generally those who owned or leased certain GM vehicles, listed below, who incurred expenses for certain related repairs (“National Class Members”). Please note that vehicles must be for personal, family, or household use, NOT for commercial or business purposes.
The Settlement has been approved by the Ontario Superior Court of Justice and the action has been certified as a class action by the Court for the purpose of effecting the Settlement. The class counsel fees have been approved provisionally, subject to further order of the courts.
This Notice is to advise you of the certification of the class action for settlement purposes and the approval by the Court of the Settlement and to inform you of your rights as a Class Member. You will be bound by the terms of the Settlement unless you decide to exclude yourself by opting out. Opting out is explained in this Notice.
The class action was certified for settlement purposes and the Settlement approved by Order of the Ontario Superior Court of Justice on October 20, 2008. The class counsel fees were approved provisionally, subject to further order of the courts.
Complete information regarding the Settlement of the class action can be found at www.gmcanadiansettlement.ca.
The Settlement does not constitute any admission of liability by GM, which denies the allegations.
TERMS OF THE SETTLEMENT
All National Class Members who submit a proper Claim Form, Proof of Expenditure, and Proof of Ownership before April 30, 2009 will be eligible to receive payment from the Claims Administrator according to the following payment schedule: (a) For National Class Members who incurred an eligible repair expense within five years of the Date of Initial Vehicle Delivery, an amount equal to the eligible repair expense, up to a maximum of $400.
(b) For National Class Members who incurred an eligible repair expense in the sixth year after the Date of Initial Vehicle Delivery, an amount equal to the eligible repair expense, up to a maximum of $100.
(c) For National Class Members who incurred an eligible repair expense in the seventh year after the Date of Initial Vehicle Delivery, an amount equal to the eligible repair expense, up to a maximum of $50.
Any National Class Member who is eligible to receive cash payment under subparagraph (a) above may opt to instead receive 40% of the eligible repair expense, up to a maximum of $800, if the National Class Member submits Proof of Internal Leak Repair Expense showing a repair costing over $1,500 due to a diagnosed internal coolant leak.
The following is a list of eligible vehicles:
*The Engine Code is the 8th character of the Vehicle Identification Number (VIN)
† Certain 2003 Model Year Vehicles are excluded. See www.gmcanadiansettlement.ca for further information.
EXCLUDED UNDER THE SETTLEMENT
- Anyone who purchased or leased a vehicle for commercial or business purposes.
National Class Members who wish to make a claim for reimbursement under the Settlement are required to submit a Claim Form and supporting documentation (including proof of the eligible repair, payment, and ownership/lease at the time of the repair) by the final deadline, April 30, 2009. Claim Forms and further information about the claims process is available from the class action settlement website, www.gmcanadiansettlement.ca or by contacting the General Motors Customer Communications Centre, toll free, at 1-800-263-3777 (English) or 1-800-263-7854 (French).
You are releasing GM of liability and you shall be forever barred from commencing or continuing any legal action against GM relating to the claims in the class action and the Settlement benefits unless you choose to opt out of the settlement. However, if you opt out you will not be entitled to any of the Settlement benefits including the payment of money.
If you are a National Class Member and do not wish to receive any money and would like to exclude yourself from the Settlement, you can opt out by obtaining an Opt Out Form from the Claims Administrator and filing it with the Claims Administrator, postmarked on or before December 8, 2008. You will be bound by the terms of the Settlement unless you opt out.
If you opt out, you will NOT receive any money and you will be ineligible to participate in the Settlement.
If you opt out, you shall retain the right to commence or continue any proceeding against GM in respect of any allegedly defective nylon intake manifold gasket that you are otherwise eligible for or entitled to as provided by law.
The Court provisionally approved the payment of Class Counsel’s fees and disbursements (including applicable taxes) of $2,816,000 up to August 28, 2008 and $131,250, including taxes, for further work after August 28, 2008, subject to further order of the courts. These amounts are to be paid by GM separately, and without reducing, the reimbursement payments it makes to National Class Members under the Settlement.
This Notice is a summary only. If you believe you are an eligible National Class Member you may review and/or obtain a copy of the Settlement at the website www.gmcanadiansettmenet.ca.
If you would like a copy of the Settlement or have questions concerning the Settlement or your eligibility as a National Class Member you can call the Claims Administrator's Information Line below or contact Class Counsel.
c/o Crawford Class Action Services 3-505, 133 Weber St. N. Waterloo, ON N2J 3G9 Toll free: 1-866-640-9989 Fax: 519-578-7739 Email: gmsettlement@crawco.ca Website: www.gmcanadiansettlement.ca
The law firms listed below represent the National Class Members and can be reached at:
Stevensons LLP 144 Front Street, Suite 400 Toronto, ON M5J 2L7 Phone: 1-866-658-9488
Koskie Minsky LLP 20 Queen Street West, Suite 900, Box 52 Toronto, ON M5H 3R3 Phone: 1-877-398-0497 Email: gmclassaction@kmlaw.ca
Class Members who consider it desirable or necessary to seek the advice and guidance of their own lawyers may do so at their own expense.
This Notice is a summary of some of the terms of the Settlement. If there is any conflict between the provisions of this Notice and the Settlement, the terms of the Settlement shall prevail.
Claim Forms and further information about the claims process is available from the class action settlement website, www.gmcanadiansettlement.ca or by contacting the General Motors Customer Communications Centre, toll free, at 1-800-263-3777 (English) or 1-800-263-7854 (French).
This Notice has been approved by the Ontario Superior Court of Justice. Any questions about the substantive matters in this Notice should not be directed to the Court as its administrative structures are not designed to address this type of inquiry. |