The information in the FAQ section below provides a summary of the settlements, the distribution of the settlement funds and the claims process. For complete information, refer to the court-approved Distribution Protocol. The Distribution Protocol can be found here.
No. The class action relates to an alleged conspiracy to fix the price of Automotive Wire Harness Systems, which allegedly caused Settlement Class Members to pay too much for Automotive Wire Harness Systems and eligible brand vehicles.
The class actions were brought against Automotive Wire Harness Systems manufacturers who allegedly price-fixed those products. An Automotive Wire Harness System is an electrical distribution system used to direct and control electronic components, wiring, and circuit boards.
This is one of approximately 40 cases ongoing in Canada relating to the alleged price-fixing of various automotive parts. Six other cases (Air Flow Meters, Electronic Control Units, Fan Motors, Fuel Senders, Power Window Motors and Windshield Washer Systems) have settled with all defendants. Those settlement funds will be distributed in conjunction with the Automotive Wire Harness System distribution.
This is the first of multiple distributions in the auto parts class actions. As part of the claim form, you will be asked to consent to your information being retained by the Claims Administrator for use in future distributions. This will make it easier for you to apply for settlement benefits in those distributions. Your personal information will not be used for any other purpose. Eligibility for payments in future distributions may be different than the current distribution.
As additional auto parts cases resolve, it is likely that some of the resolved cases will relate to the same brands and years covered by the Automotive Wire Harness case. Subject to court approval, your eligibility for settlement benefits in those cases may depend on applying for settlement benefits in the Automotive Wire Harness case. If you do not apply for settlement benefits in the Automotive Wire Harness case, you may not be entitled to settlement benefits in those cases. For updates on the status of the proposed distribution of settlement funds, visit www.siskinds.com/autoparts.
Settlements have been reached in the Automotive Wire Harness Systems Proceedings, totaling $25.6 million. The settlements were approved by the Ontario, British Columbia and Quebec Courts.
Settlements have also been reached with all defendants in Air Flow Meters, Electronic Control Units, Fan Motors, Fuel Senders, Power Window Motors and Windshield Washer Systems class actions, totaling $6 million. The settlements were approved by the Ontario, British Columbia and/or Quebec Courts.
In each case, the settling defendants do not admit, and expressly deny, any wrongdoing or liability.
The settlement amounts (less court-approved counsel fees, disbursements, notice costs and a cy pres payment) are being held in an interest-bearing account for the benefit of settlement class members.
A cy pres payment is the distribution of money from a class action settlement to a charitable organization.
Recognizing that not all Settlement Class Members are eligible for a direct payment, a cy pres payment in the amount of $250,000* was be made to the following non-profit organizations in equal shares:
* Less any amounts payable to the Quebec Fonds d’aide aux actions collectives in accordance with the governing regulations.
In Automotive Wire Harness Systems, you are eligible to claim if you purchased or leased eligible brands of new automotive vehicles in Canada or for import into Canada between January 1999 and November 2014.
Automotive vehicles are passenger cars, sport utility vehicles, vans, and light trucks (up to 10,000 lbs).
The eligible brands are:
■ Honda/Acura
■ Nissan/Infiniti
■ Toyota/Lexus
■ Subaru
■ Pontiac Vibe
No wrongdoing is alleged as against Honda, Nissan, Toyota, Subaru and General Motors. They are not defendants in the class actions. Honda, Nissan, Toyota, Subaru and General Motors were unaware of alleged price-fixing in respect of the Automotive Wire Harness Systems (or other automotive parts) they purchased for installation in their automotive vehicles.
Any person who files a claim in Automotive Wire Harness Systems will be automatically considered for eligibility in the Air Flow Meters, Electronic Control Units, Fan Motors, Fuel Senders, Power Window Motors and Windshield Washer Systems distributions. The following chart outlines the eligible brands and time period for those distributions:
| Action | Period | Brands |
| Air Flow Meters | January 1, 2002 and December 31, 2009 | Honda/Acura, Nissan/Infiniti, and Toyota/Lexus |
| Electronic Control Units | January 1, 2000 and December 31, 2008 | Toyota/Lexus |
| Fan Motors | January 1, 2001 and December 31, 2008 | Honda/Acura, Nissan/Infiniti, and Subaru |
| Fuel Senders | January 1, 2004 and December 31, 2010 | Toyota/Lexus |
| Power Window Motors | January 1, 2000 and December 31, 2005 | Honda/Acura and Nissan/Infiniti |
| Windshield Washer Systems | January 1, 2000 and December 31, 2010 | Nissan/Infiniti and Subaru |
In each case, you are eligible to submit a claim even if you have subsequently sold the relevant vehicle.
Persons who opted out of the class actions, and the defendants and certain parties related to the defendants are not eligible for payments.
In Automotive Wire Harness Systems, payments will be distributed on a proportional basis, based on the value of your claim relative to the value of all approved claims. The value of your claim will depend on the:
i. The purchase price of the vehicle(s): Purchase price will be primarily based on the manufacturer’s suggested retail price (“MSRP”). For leased vehicles, the purchase price will be based on a portion of the MSRP depending on the duration of the lease.
In certain circumstances, the purchase price will be determined based on the information you provide as part of the claims process. This applies if you are: (a) a National Brand Importer; (b) a Dealer who is claiming for purchases and/or leases of Affected Vehicles not included in the sales data provided by Honda, Nissan, Toyota, Subaru and General Motors; or (c) a commercial End User who is claiming for purchases and/or leases of more than 15 Affected Vehicles not included in the sales data provided by Honda, Nissan, Toyota, Subaru and General Motors.
ii. When you purchased or leased the vehicle: Purchases and leases between March 1, 2010 and November 30, 2014 will be discounted by 50% to reflect the additional litigation risks associated with proving damages during this period.
iii. The category of Settlement Class Member: Settlement class members will be categorized as End Users, Dealers, or National Brand Importers. The value of purchases percentage that applies to each category of purchaser reflects an estimate as to the extent to which any unlawful increase in prices was passed through the distribution chain.
| Purchaser Group | Description |
Value of Purchases (%) |
| National Brand Importer | GM Motors (in respect of the Pontiac Vibe), Nissan Canada, and Subaru Canada | 7.5% |
| Dealer | A Settlement Class Member who purchased an eligible brand vehicle from a National Brand Importer, Honda Canada, Toyota Canada, or a subsidiary thereof, for resale to End Users. | 25% |
| End User | A Settlement Class Member who purchased or leased an eligible brand vehicle for its own use and not for commercial resale. | 67.5% |
Sample Calculation:
If an End User purchased eligible brand vehicles with purchase prices totaling $50,000 between January 1, 1999 and February 28, 2010, and $75,000 between March 1, 2010 and November 30, 2014, its claim value for the purposes of determining its pro rata share of the net settlement funds would be calculated as follows:
$50,000 (representing the purchase price) x 1 (representing the timing of the purchase or lease) x 0.675 (representing the categorization of the settlement class member as an End User) = $33,750
Plus
$75,000 (representing the purchase price) x 0.5 (representing the timing of the purchase or lease) x 0.675 (representing the categorization of the Settlement Class Member as an End User) = $25,312.50
Assuming the value of all qualifying Settlement Class Members’ claims totaled $10 billion, this Settlement Class Member would be entitled to 0.0000059% ($59,062.50/$10 billion) of the net settlement funds.
Other Distributions
In Air Flow Meters, Electronic Control Units, Fan Motors, Fuel Senders, Power Window Motors and Windshield Washer Systems, the distribution protocol was approved by the Ontario, British Columbia and Quebec Courts.
The settlement funds will be distributed on a pro rata (or proportional) basis on the value of your claim relative to the value of all approved claims. The value of your claim will depend on:
a) The purchase price of the Affected Vehicle: The purchase price will be based on the information provided as part of the Automotive Wire Harness Systems distribution, adjusted to cover the relevant years.
b) The category of Settlement Class Member: Settlement Class Members will be categorized in the same manner as in the Automotive Wire Harness Systems distribution.
Minimum Payment
Notwithstanding the foregoing, subject to further order of the Ontario Court following the adjudication of all claims, all valid claims will be assigned a minimum value of $25.
This minimum applies after totaling any entitlements pursuant to the Automotive Wire Harness Systems Distribution Protocol and the Air Flow Meters, Electronic Control Units, Fan Motors, Fuel Senders, Power Window Motors and Windshield Washer Systems distributions. For example, if a Settlement Class Member is entitled to $17 pursuant to the Automotive Wire Harness Systems Distribution Protocol and an additional $6 pursuant to the Air Flow Meters, Electronic Control Units, Fan Motors, Fuel Senders, Power Window Motors and Windshield Washer Systems distributions, the Settlement Class Member would receive a $2 increase, for a total payment of $25.
Judicial Discretion
In each case, further directions can be sought from the Ontario Court regarding the distribution of the settlement funds to ensure a fair and cost-effective distribution.
You can apply for payments online by clicking HERE. It does not cost anything to apply to receive a payment. Lawyer fees will be paid out of the settlement funds.
Approximately 40 cases have been commenced in respect of the alleged price-fixing of automotive parts. As additional auto parts cases resolve, it is likely that some of the resolved cases will relate to the same brands and years covered by the Automotive Wire Harness case. Subject to court approval, your eligibility for settlement benefits in those cases may depend on applying for settlement benefits in the Automotive Wire Harness case. If you do not apply for settlement benefits in the Automotive Wire Harness case, you may not be entitled to settlement benefits in those cases. For updates on the status of the proposed distribution of settlement funds, visit www.siskinds.com/autoparts.
The claims deadline was June 12, 2020. Notwithstanding, the claims portal will remain open and you will be able to submit a claim up to June 30, 2020. Claims submitted after this date will not be eligible for compensation.
If you have questions while completing the claim form, you may contact the Claims Administrator at no charge. Email [email protected] or call 1-866-474-4331.
You may be able to rely on sales records provided by Honda, Nissan, Toyota, Subaru and General Motors to establish your purchases. Honda, Nissan, Toyota, Subaru and General Motors provided customer information to the Claims Administrator in accordance with Court order. No wrongdoing is alleged as against Honda, Nissan, Toyota, Subaru and General Motors. They are not defendants in the class actions.
End Users:
End Users can rely on customer information provided by Honda, Nissan, Toyota, Subaru and/or General Motors as proof of purchase. Depending on the nature of the information available from Honda, Nissan, Toyota, Subaru and/or General Motors, the information will either be prepopulated within the online claim form, or will be provided only to the Claims Administrator and the Claims Administrator will have that information available to it while adjudicating your claim.
If the purchase information you disclose on the claim form matches the information provided by Honda, Nissan, Toyota, Subaru and/or General Motors, no additional proof of purchase is required. If the purchase information you disclose on the claim form does not match the information provided by Honda, Nissan, Toyota, Subaru and/or General Motors, your claim may be subject to an audit (see FAQ 14- “WILL MY CLAIM BE AUDITED?”).
If you did not receive a letter and prepopulated online claim form or you are claiming for additional purchases not included in the prepopulated online claim form, you must provide the following:
a. Individual End Users and Commercial End Users with purchases or leases of up to fifteen (15) eligible brand vehicles must provide a declaration specifying the make, model and year of each eligible brand vehicle.
b. Commercial End Users with purchases of more than fifteen (15) eligible brand vehicles must provide a declaration of the aggregate amount of the eligible brand vehicle purchase and/or lease payments less any taxes, shipping, delivery charges, rebates, discounts, etc. (and plus any buy-out amount, if applicable).
Where the claimed purchases cannot be substantiated using the information provided by Honda, Nissan, Toyota, Subaru and/or General Motors, the claim might be subject to an audit by the Claims Administrator (see FAQ 14- “WILL MY CLAIM BE AUDITED?”).
Dealers:
Dealers can rely on customer information provided by Toyota, Nissan, Subaru, Honda, and/or General Motors as proof of purchase. Depending on the nature of the information available from Honda, Nissan, Toyota, Subaru and/or General Motors, the information will either be prepopulated within the online claim form, or will be provided only to the Claims Administrator and the Claims Administrator will have that information available to it while adjudicating your claim. If you agree with the purchase information provided, no additional proof of purchase is required in respect of those purchases. For dealers that did not receive information prepopulated within the online claim form, you may request a purchase summary from the applicable brand.
Dealers who are claiming for purchases of eligible brand vehicles in addition to those substantiated by information provided by Nissan, Subaru, Honda, and/or General Motors, must provide a declaration of their aggregate purchase price and/or lease payments, less any taxes, shipping, delivery charges, rebates, discounts etc. of the eligible brand vehicles. Claims may be subject to an audit by the Claims Administrator.
If you are a General Motors, Honda/Acura, Nissan/Infiniti, Toyota/Lexus or Subaru Dealer, you should preserve your purchase records and your customer purchase records (specifically, customer name and purchase price information) of the eligible brand vehicles sold between January 1995 and December 2016 until further notice.
National Brand Importers (Nissan Canada, Subaru Canada and/or General Motors):
Nissan Canada, Subaru Canada and/or General Motors (in respect of the Pontiac Vibe) importers must provide a declaration of the aggregate purchase price and/or lease payments, less any taxes, shipping, delivery charges, rebates, discounts etc. of the eligible brand vehicles. Claims may be subject to an audit by the Claims Administrator.
Immediately after you file your claim, a page will be displayed confirming the submission of your claim. You will also be sent a confirmation email to the email address you provided in your claim form.
If you do not receive this confirmation, please confirm that you have filled in all the required information. There will be red text on the form anywhere that information is missing. If you are still unsure whether your claim was filed, email [email protected] or call 1-866-474-4331.
The courts have appointed RicePoint Administration Inc., as the "Claims Administrator". The Claims Administrator will receive and review claims, make determinations in respect of entitlement to settlement benefits, and issue payments to eligible claimants.
The Claims Administrator might request further information if there are deficiencies in your claim or if other information is required (see FAQ 13- “WHAT HAPPENS IF MY CLAIM HAS DEFICIENCIES?” ). If you do not provide the requested information, your claim might be rejected.
The Claims Administrator might request further information as part of an audit (see FAQ 14- “WILL MY CLAIM BE AUDITED?”). If you do not provide the requested information, your claim might be rejected.
Once all claims are received and processed, decision notices will be sent to everyone who filed claims. Decision notices will be sent to the email or mailing address you provided in the claim form. If your address changes prior to receiving a decision notice, it is your responsibility to advise the Claims Administrator. The Claims Administrator’s decision is binding subject to a limited right of appeal (see FAQ 17- “CAN I APPEAL THE CLAIMS ADMINISTRATOR’S DECISION?”)
Accurate processing takes time. Depending on the number of applications filed, it could be up to one year after the claims deadline before you receive compensation. Please check this website for regular updates.
The Claims Administrator might request further information if your claim is deficient or if other information is required. If your claim is deficient, you will receive a notification by email or mail.
You will be provided with 30 days from the date of the notice to correct the deficiency. If the deficiencies are not corrected within the 30-day period, depending on the nature of the deficiency, the Claims Administrator might reject your claim.
Your claim might be audited if your purchases and/or leases of eligible brand vehicles are not substantiated by the information provided by Honda, Nissan, Toyota, Subaru and/or General Motors. For claims not substantiated by information provided by Honda, Nissan, Toyota, Subaru and/or General Motors, the Claims Administrator will audit:
i. A random selection of at least 10% of the claims; and
ii. Claims representing the top 20% of claims (by value of eligible brand vehicle purchases).
The Claims Administrator also has sole discretion to audit any other claims.
You will receive a notification by email or mail if your claim will be audited.
You will be required to provide documentary proof of your purchases and/or leases of eligible brand vehicles. You will have 30 days from your notice of audit to provide any documentary proof required. The audit notice will contain additional information about acceptable forms of documentary proof.
If documentary proof is not provided within the 30-day period, the Claims Administrator may reject the claim.
If you purchased and/or leased up to 15 eligible brand vehicles not substantiated by information provided by Honda, Nissan, Toyota, Subaru and/or General Motors: documentary proof could include invoices, receipts, original purchase or lease records, insurance documentation, government vehicle identification history documentation, historical accounting records or comparable verification that is acceptable to the Claims Administrator.
If you purchased and/or leased more than 15 eligible brand vehicles not substantiated by information provided by Honda, Nissan, Toyota, Subaru and/or General Motors: documentary proof could include invoices, receipts, original purchase or lease records, purchase summaries provided by Honda, Nissan, Toyota, Subaru and/or General Motors, historical accounting records or comparable verification that is acceptable to the Claims Administrator.
If you have purchase records for eligible brand vehicle purchases or leases for at least two years during the period between January 1, 1999 and November 30, 2014, you may be able to extrapolate that information (alone or together with information from Honda, Nissan, Toyota, Subaru and/or General Motors) for the entire class period. See paragraph 27 of the Distribution Protocol for more information.
The right to appeal is limited to disputes regarding eligible brand vehicle purchases equal to or greater than $1,000,000. You must submit your appeal within 30 days from the date of the decision notice.
Appeals will be determined by the Ontario Court or a third party designed by the Ontario Court and will be based on written submissions supported by the documentation you provided to the Claims Administrator.
The appeal decision is final.
You may receive a notice from the Claims Administrator with a Claim ID number and PIN. These numbers, when entered into the claims portal, will pre-populate your purchase and/or lease information for you. If you have filed a claim and subsequently receive a number, please complete a second claim using the Claim ID number and PIN received.
Accurate processing takes time. Depending on the number of claims forms filed, it could be up to one year after the claims deadline before you receive compensation. Please check this website for regular updates.
If you are an eligible individual claimant, and you provided your email address, you will be paid by e-transfer through email. You will not be asked to provide any banking information.
If you did not provide an email address or if you made arrangements with the Claims Administrator, you will be paid by cheque.
Eligible commercial claimants will receive payment by cheque, or at the Claims Administrator’s discretion, wire transfer.
Yes. You have the option to assign your settlement benefits to Canadian charitable foundations or initiatives created or supported by Honda, Toyota, Subaru and/or General Motors:
If you assign your settlement benefits, the settlement benefits will be paid to the relevant charitable foundation or initiative rather than to you. The Claims Administrator will request a charitable tax receipt on your behalf and provide the information necessary to enable the relevant entity to issue you a charitable tax receipt.
The law firms of Siskinds LLP and Sotos LLP represents Settlement Class Members in Ontario, and in provinces other than British Columbia or Quebec. Siskinds LLP can be reached at:
Telephone (toll free): 1-800-461-6166 ext. 1315
Email: [email protected]
Mail: 680 Waterloo Street, London, ON N6A 3V8 Attention: Charles Wright
Sotos LLP can be reached at:
Telephone (toll free): 1-888-977-9806
Email: [email protected]
Mail: 180 Dundas Street West, Suite 1200, Toronto, ON M5G 1Z8 Attention: Jean-Marc Leclerc
The law firm of Camp Fiorante Matthews Mogerman LLP represents Settlement Class Members in British Columbia. British Columbia Class Counsel can be reached at:
Telephone: 1-800-689-2322
Email: [email protected]
Mail: #400 - 856 Homer Street, Vancouver, BC V6B 2W5 Attention: David Jones
The law firm of Siskinds Desmeules s.e.n.c.r.l. represents individuals and corporations of 50 or less employees who are members of these class actions in Quebec. Québec Class Counsel can be reached at:
Telephone: 418-694-2009
Email: [email protected]
Mail: Les promenades du Vieux-Quebec, 43 rue De Buade, bureau 320, Quebec City, QC G1R 4A2 Attention: Karim Diallo.
You do not need to pay out-of-pocket for the lawyers working on the class actions. The lawyers were paid from the settlement funds in the amount approved by the courts.
All information received from the Settlement Class Members, Honda, Nissan, Toyota, Subaru and/or General Motors, or the defendants, collected, used, and retained by the Claims Administrator for the purposes of administering the settlement agreements reached with the defendants, including evaluating your eligibility status under the settlement agreements, is protected under the Personal Information Protection and Electronic Documents Act, SC 2000 c 5. The information provided is strictly private and confidential and will not be disclosed without your express written consent, except in accordance with the settlement agreements, distribution protocol, and/or orders of the Ontario Court. More information about the Claims Administrator is available by clicking here.
For more information about the settlements, the distribution of the settlement funds and the claims process you can contact the claims administrator at [email protected] or 1-866-474-4331.
To receive future notices and updates regarding any of the other auto parts class actions and any future settlements, register online at www.classaction.ca/autoparts.