Confidentiality Warning
The following pages contain information intended for current and former class members only. Although the information is of a general nature about the lawsuit, part or all of it may be privileged and confidential. By clicking OK below, you acknowledge that you are a duly authorized representative of a purchaser in Canada between January 2000 and August 27, 2007 of engineering resins for an automotive application from DuPont or its authorized distributors, who were required by a customer to use a DuPont engineering resin in the automotive application. Further, you acknowledge that you will not share this document or its contents with any other person.
The information on the following pages is not intended as legal advice. By clicking OK below, you acknowledge that no lawyer-client relationship is created between you and Sotos LLP or any other counsel working on behalf of the plaintiffs solely by virtue of your viewing the information on the following pages.
To: All Class Members in DuPont Canada Engineering Resin Class Action
Re: Update on DuPont Resin Pricing Class Action
Following the decision of the Ontario Superior Court of Justice certifying the action as a class proceeding, formal Notices were sent to all companies in Canada engaged in the manufacture of plastic components for the automotive sector. The overwhelming majority of class members, including your company, opted to remain in the class action.
Following certification, we applied to the Class Proceedings Fund which provides funding to important class proceedings. We were pleased to receive notification recently that the Fund has approved this case for funding. This funding will cover costs such as the cost of third party experts which we will be required to retain as this case moves forward.
DuPont sought permission to appeal the certification decision to the Divisional Court. We also sought permission to appeal on behalf of the class in respect of one aspect of the case which was not certified by the court. On May 16, 2008, the Divisional Court released its decision denying permission to appeal to both sides. This means that the certification decision stands and the matter proceeds to the next stage, known as discoveries.
Under Ontario law, no class member other than the representative plaintiff (i.e. Axiom Plastics Inc.) can be examined for discovery.
If you have any questions, please contact David Sterns (dsterns@sotosllp.com) or Jonathan Lisus, at our co-counsel, McCarthy Tétrault LLP (jlisus@mccarthy.ca).
