Update: August 21, 2013 Canada Post: Offers $5 million to End Shipping Charges Lawsuit
On October 30, 2013 the Honourable Madam Justice Lax of the Ontario Superior Court of Justice ordered that within two (2) years of the date of the October 30, 2013 Order, Canada Post will end its practice of expressing volumetric weight in units of weight.
This is what is being advertised, with respect to potential claimants:
Status of Class Action:
The Court has approved the class action settlement between Lee Valley Tools and Canada Post. The settlement provides that Canada Post has or will discontinue the practices that are the subject of the complaints. Canada Post will also pay $5,050,000.00 for claims and make a contribution of $1,300,000.00 towards the plaintiff’s legal costs. For further information on the settlement and the claims process, please read the Notice below.
LEGAL NOTICE AUTHORIZED BY THE SUPERIOR COURT OF JUSTICE FOR ONTARIO
NOTICE OF APPROVAL OF CANADA POST CLASS ACTION SETTLEMENT
If you were a CUSTOMER OF CANADA POST who was charged shipping charges on a basis other than actual weight between January 1, 2000 and December 31, 2007, for parcels shipped within Canada your rights could be affected by the class action settlement.
What is the Class Action About?
Plaintiff claims that Canada Post based shipping charges on practices which violated measuring and pricing rules under the Weights and Measures Act and may have resulted in increased shipping charges for the Class. This action was certified as a national class proceeding by the Ontario Superior Court of Justice.
Who is Included in the Class Action?
Customers of Canada Post who had or have an agreement with Canada Post covering periods of one or more years and setting out the terms of parcel shipping services provided by Canada Post to them (referred to by Canada Post as any of a “Canada Post Account”, “Commercial Account” or “Small Business Account” or similar term) and who were charged shipping charges on a basis other than actual weight between January 1, 2000 and December 31, 2007, for parcels shipped within Canada, and who did not previously exclude themselves by opting-out of this lawsuit. If you fit the above description, you are a Class Member.
What is the Settlement?
The Settlement which has been approved by the Court provides that Canada Post has or will discontinue the practices that are the subject of the complaints. Canada Post will also pay $5,050,000.00 for claims and make a contribution of $1,300,000.00 towards the plaintiff’s legal costs with the balance to be paid out of the $5,050,000.00. It is estimated that after payment of administration expenses, legal fees, disbursements and taxes, approximately $3,000,000.00 will be available for distribution to the class.
The net settlement funds will be distributed approximately in proportion to the shipping charges incurred by class members who apply for payment.
For further details of the settlement or how to receive payment click here or contact the Settlement Administrator or go to the website as is explained below.
How to Receive Payment?
In order to obtain payment of any amount that may be owing to you pursuant to the settlement, you must properly complete the online application form which is found at www.parcelshippingcharges.ca. The simple and straightforward online claim filing procedure will allow you to apply quickly and efficiently.
All applications must be completed by February 28, 2014, failing which you will not be entitled to any payment.
Once the deadline for applications of February 28, 2014, has passed, the Administrator will determine the amount owing to each applicant and distribute the payments.
How to Get Further Information
Do NOT contact the Court.
This page contains some content that requires additional software to view. To view PDF documents provided on this site you will need a PDF viewer such as Acrobat Reader from Adobe. You can Download Adobe Reader from Adobe for free.