What is the RetroFoam class action about?
Who are the defendants?
Who is a Class Member?
Who is Class Counsel?
How did the settlement come about?
What compensation is provided for in the Settlement Agreement?
Has the Court approved the settlement Agreement?
How can I find out more about the specific terms of the Settlement Agreement?
How has the public been notified about the settlement?
Have the defendants admitted liability?
Who should deliver a claim for compensation under the settlement?
How do I take part in this settlement?
How do I submit a Claim if I do not have access to a computer with an internet connection?
What is the Claims Bar Deadline?
Do I have to pay to take part in this Settlement?
Can I amend my claim after it has been submitted to the Administrator?
How do I opt out of the settlement?
If I don’t do anything, does this mean I have opted out of the settlement?
If I don’t do anything, am I bound by the settlement?
Who is the Administrator?
What does the Administrator do?
How was the Administrator appointed?
How do I contact the Administrator?
When will I find out about the Administrator’s evaluation of my claim?
If I disagree with the Administrator’s evaluation of my Claim, what do I do?
Who is the Arbitrator and what does the Arbitrator do?
When will Class Members receive compensation from the Settlement Fund?
How will the Settlement Fund be divided among the Class Members?
This class action arose from the installation of Retrofoam in certain residential properties in Ontario under the EcoEnergy Retrofit Initiative-Homes Program.
A complete listing of the defendants can be found on the first page of the Judgment. The Judgment can be downloaded from the Documents page of this website.
The “Class” or “Class Member(s)” means all persons who owned or had an interest in real property when RetroFoam was injected or installed and who applied for a grant pursuant to the EcoEnergy Program excluding the defendants, their subsidiaries, affiliates, shareholders, officers, directors, senior employees and their heirs, predecessors, successors and assigns.
The action was litigated by the following law firm: Sutts, Strosberg, LLP.
Questions for Class Counsel should be directed to:
Sutts, Strosberg LLP
600-251 Goyeau Street, Windsor, Ontario N9A 6V4
After negotiations between Class Counsel, on behalf of the Class Members, and representatives of the defendants, the parties in the class action entered into a settlement agreement.
The defendant will pay the sum of $13,000,000 to settle the claims of all Class Members and the costs of the litigation and administration.
After the payment of all court-approved expenses, a fund of approximately $7,612,000 will be set up for equal division among the owners of the RetroFoam properties
On August 12, 2015, the settlement was approved by a judge of the Ontario Superior Court of Justice.
A copy of the Judgment and Distribution Plan and the Notice concerning this settlement may be downloaded from the Documents page of this website.
Pursuant to a court order, the Class Members were notified about the proposed settlement.
Following the approval of this Settlement Agreement, a similar notice program was established to advise Class Members how to make a claim for compensation.
The defendants expressly deny any wrongdoing or liability.
Any person who believes that they are a Class Member should deliver a claim for compensation.
Class Members should file a Claim using the secure Claims System.
A new registration is required to file a Claim for compensation from this Settlement. The Administrator has access to the information and documents filed with class counsel prior to settlement.
The deadline for Class Members to file a claim is December 1, 2015; no new claims can be filed after this deadline.
Contact the Administrator for a paper claim form if you are a Class Member who does not have access to a computer with an internet connection.
In order to be eligible for compensation pursuant to this Settlement Agreement, Class Members must submit their completed claim to the Administrator together with supporting documentation, no later than December 1, 2015.
The Administrator must be in receipt of the certified claim and all supporting documentation by the December 1, 2015 Claims Bar Deadline.
There is no cost to Class Members to submit a claim and receive compensation from the Settlement Fund.
All claims may be amended prior to the Claims Bar Deadline. After the Claims Bar Deadline however, only contact information may be amended.
Once a claim has been certified and submitted online, the claim is locked so that the Administrator may begin the review process. Please contact the Administrator, via the Communications tab of the online claim, to request that the claim be unlocked, if you wish to amend a certified/submitted claim prior to the Claims Bar Deadline.
The time to opt out of the settlement has passed.
No. If you are a Class Member and you did not opt out previously, you are bound by the terms of the settlement whether you submit a claim or not. However, if you do not submit a claim, you cannot be compensated.
Yes. If you are a Class Member and you did not opt out previously, you are bound by the terms of the Settlement Agreement.
Marsh Risk Consulting Canada has been appointed by the Ontario Superior Court of Justice to be the Administrator.
The Administrator is responsible for overall management of the settlement claims process including claim registration, document collection, communications, help desk management, reminders, claim evaluation, analyses, notifications, reporting, appeal procedures, distribution analyses and audit control.
The Administrator was appointed by a judge of the Ontario Superior Court of Justice on August 12, 2015 when the settlement was approved.
The Administrator will complete the claims evaluation process after the Claims Bar Deadline. Each Claimant will receive notice of the results of this evaluation.
The Distribution Plan includes a procedure for Class Members to dispute the Administrator’s evaluation of their claim. Class Members may bring the dispute before an Arbitrator appointed for that purpose. The Administrator will provide detailed information about the appeal process with the communication of the claim evaluation.
Reva Devins has been appointed to serve as Arbitrator. It is the Arbitrator’s job to evaluate disputes Class Members may have with the decisions of the Administrator regarding eligibility to claim only.
As soon as practicable after the completion of the claims evaluation process, the Administrator will bring a motion for authorization to distribute the settlement funds to the Class Members. Because there is a finite amount of money to be distributed, all evaluations (including appeals) must be finalized before any payments can be made. The court must approve the payout prior to distribution.
The total funds available for distribution will be divided by the number of RetroFoam Addresses in the approved claims list so that an equal amount is paid as compensation for each RetroFoam property.
If there is a payout for a claim with more than one registered owner of a particular property, a single cheque will be issued if the RetroFoam Class Members for the claim are currently living together at the same address. Individual cheques will be issued to the claim’s RetroFoam Class Members for an equal share of the approved payout if the RetroFoam Class Members are not currently living together at the same address.
The court must approve the payout prior to distribution.