Radiant Ceiling Heating Panels: Final notice

[Version française]

CANADA
PROVINCE OF QUEBEC
DISTRICT OF MONTREAL

NO : 500-06-000011-946

SUPERIOR COURT
(Class Action)

ASSOCIATION DES CONSOMMATEURS POUR LA QUALITE DANS LA CONSTRUCTION (ACQC)
Petitioner
-and-
SYLVAIN BOUCHARD & CHANTAL ARCHAMBAULT
Designated persons
V.
FLEXEL INTERNATIONAL
-and-
THERMAFLEX LTD
-and-
CANADIAN STANDARDS ASSOCIATION
Respondents

NO : 500-06-000010-948

ASSOCIATION DES CONSOMMATEURS POUR LA QUALITE DANS LA CONSTRUCTION
Petitioner
-and-
GUSTAVE DERY
Designated person
V.
FLEXWATT CORPORATION
-and-
CANADIAN STANDARDS ASSOCIATION
Respondents

FINAL NOTICE
FILING OF CLAIMS - September 8th, 2000

ATTENTION : PLEASE READ THIS NOTICE, IT MAY AFFECT YOUR RIGHTS.

This notice is addressed to all individual owners of residences heated by Radiant Ceiling Heating Panels (RCHP) manufactured by Flexel International, Thermaflex LTD or Flexwatt Corporation when the Régie du Bâtiment du Québec issued a notice to disconnect in 1994.

1. Take notice that on September 5th 2000, the honorable Maurice Lagacé, Superior court judge for the Montreal district has approve the settlement between l’Association des consommateurs pour la qualité dans la construction et al. and the respondents Flexel International, Thermaflex LTD, Flexwatt and their subsidiary corporations and the Canadian Standards Association.

2. The class action is aimed by the following groups :
“All owners of a residence heated by Radiant ceiling heating panels which were manufactured by Flexel International for Thermaflex LTD and merchandised mainly under the following names : Safe-T-Flex MK4 and MK5, Aztec-Flexel Scotland, Thermo-flex Scotland, Thermaflex or Flexel International, Aztec-Flexel, Safe-T-Heat” (No : 500-06-000011-946);
AND
“All owners of a residence heated by Radiant ceiling heating panels of the Flexwatt 13 watts type or more which were manufactured by Flexatt Corporation” (No : 500-06-000010-948).

3. SUMMARY OF THE SETTLEMENT
The settlement provides for the following :

a)   Payment by respondents of a lump sum of $6,000,000 in full and final settlement of the class actions;

b)   The following sums will be deducted from the above-mentioned sum: a sum of $208,856.64 will be paid to the claims administrators in order to process the claims; a sum of $5,303.23 to reimburse all judicial and extra-judicial disbursements (to be adjusted) and a sum of $1,000,000 (plus taxes) to Groups’ counsel for judicial and extra-judicial professional fees;

c)   The balance of about $5,000,000 (to be adjusted) will be divided among all admissible claimants (approximately 2,700 possible claims) in proportion to the power output of the heating system installed by each claimant;

d)   For example, a claimant having had only one room heated by radiant ceiling heating panels will receive a smaller compensation than a claimant whose entire residence was heated by such films;

e) If, for example, all claims refer to a heating systems of same power output, each claimant will receive the sum of $1,850, which represents about 84% of the average cost for the replacement of his or her heating system.

4. RIGHT OF EXCLUSION

Members of the Class who do not agree with the Settlement may exclude themselves. Any member who wishes to be excluded from the Class and the Settlement must send a request to be excluded by registered or certified mail, to the Clerk of the Court, by October 10th, 2000. This request must be sent to the Clerk of the Superior Court (1 Notre-Dame Street East, Suite 1.175, Montreal (Quebec) H2Y 1B6), with reference to file numbers 500-06-000011-946 and 500-06-000010-948. This request must be made in writing and include the following information :

a) the name and address of the member wishing to be excluded and the court’s record number;
b) the name of the manufacturer;
c) a statement to the effect that he or she is a member of the Class affected by this Settlement and wishes to be excluded.

5. CLAIMING PROCEDURE

a)   All members of the present class action have a right to file a claim if they have not excluded themselves. To do so, they must complete the Claiming Form approved by the Court and enclose all required documents.

b)   You can obtain the Claiming Form by writing to the Claims administrators at the following address :

Association des consommateurs pour la qualité dans la construction (ACQC)
2226, boul. Henri-Bourassa Est, bureau 100
Montréal (Québec) H2B 1T3
E-mail : acqc@consommateur.qc.ca  

c)   Your Claiming Form and all relevant documents must be sent to the Claims administrators by April 10th, 2001, failing which you will lose your right to be compensated.

d)   The approved Claims should be paid around the month of November 2001.

e)   The content of this notice and its publication have been approved by the Court.

MONTREAL, SEPTEMBER 8th, 2000

Group’s counsel :

Me Jean-Pierre Fafard
Sylvestre Charbonneau Fafard
740, rue Atwater
Montréal (Québec) H4C 2G9
E-mail : jpfafard@scf-avocats.com

Claims Administrators :

Association des consommateurs pour la qualité dans la construction
2226 boul. Henri-Bourassa Est, bureau 100
Montréal (Québec)  H2B 1T3
E-mail : acqc@consommateur.qc.ca