LONDON, ONTARIO--(Marketwire - March 26, 2012) - A settlement has been reached in a national Canadian class action commenced in Saskatchewan. The settlement is subject to the approval of the Saskatchewan Court of Queen's Bench. The class action deals with whether Uponor, Inc. or Uponor Ltd. ("Uponor") or their predecessor Plasco Manufacturing Ltd. ("Plasco") sold F1807 "Plumb-PEX" plumbing systems with brass insert fittings that may leak and cause property damage. The national Canadian Class Action was certified by the Honourable Justice Laing of the Saskatchewan Court of Queen's Bench on February 27, 2012. Uponor denies all claims but has agreed to settle to avoid the cost and uncertainty of a trial.
Who's included?
The "Class", or "Class members", comprises anyone who owns or owned a property in Canada containing a Plasco Plumb-PEX plumbing system with standard F1807 brass insert fittings. Owners of systems that have: (a) had a leak in one or more of the system's components, or (b) a water flow differential of 50% between the hot and cold lines that supply one or more fixtures could get benefits. A picture of the Plasco Plumb-PEX Plumbing System components can be found at www.CanadianPlumbPexSettlement.ca.
What does the settlement provide?
Uponor will reimburse Class members for property damage caused by a qualifying leak and pay reasonable costs associated with repair or replacement of affected components. They will also pay reasonable costs to repair or replace affected components or possibly the entire system in structures that have had two or more qualifying leaks. Persons and entities that have paid claims for qualifying leaks related to a Plasco Plumb-PEX Plumbing System component are also eligible to file a claim for reimbursement.
How do you apply for benefits?
To request (a) a payment for past property damage or repairs, or (b) have repairs performed on an eligible system, you must complete and submit a claim form (available at www.CanadianPlumbPexSettlement.ca). The claims filing deadline will vary based on when the system's warranty expires. The earliest claims filing deadline is 18 months from the effective date of the settlement (even if that time period is after the expiry of the warranty). Once known, the effective date will be posted online at www.CanadianPlumbPexSettlement.ca.
Staying in the class or opting out?
You have a choice to stay in the Class Action or not. If you submit a claim form or do nothing, you are choosing to stay in the Class Action. This means you will be legally bound by all orders and judgments of the Court, and will not be permitted to sue Uponor for legal claims resolved by this settlement. If you don't want to stay in the Class Action, you must submit a request to opt out postmarked no later than May 23, 2012. If you opt out, you cannot get benefits from this settlement, but you will keep any rights to sue Uponor for the same claims in a different lawsuit. The detailed notice explains how to submit a request to opt out.
The court's settlement approval hearing.
The Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon will hold a hearing in this case (Jeffrey Allen v. Uponor Ltd. (fka Uponor Canada Inc. and Uponor Canada Ltd.) and Uponor Inc. (successor to Uponor North America, Inc.), Q.B. No. 1247 of 2011), on July 19, 2012 at 10:00 a.m. to consider whether to approve: the settlement, lawyers' fees, disbursements, and expenses of up to $250,000, and $5,000 in payments to the Representative Plaintiff. These fees, costs, expenses, and payments will be paid separately by Uponor and will not reduce the amount of benefits available to the Class. If approved, the settlement will release Uponor from all claims listed in the Settlement Agreement. Class members may, but are not required to, attend and make submissions at the settlement approval hearing. If you wish to make submissions regarding the settlement (whether in person or in writing), you must submit written submissions postmarked no later than May 23, 2012. The detailed notice explains how to submit written submissions or request to appear and speak at the hearing.
How do you get more information?
View the detailed notice, Settlement Agreement and claim form at the website www.CanadianPlumbPexSettlement.ca or call toll-free 1-877-688-9314.
Contact Information:
www.CanadianPlumbPexSettlement.ca