Behr Wood Coatings

Consumers filed a class action lawsuit in B.C. against U.S. paint manufacturer Behr Process Corporation and its Canadian affiliate, Behr Process Canada Ltd. The action related to two products manufactured by Behr – Natural Seal Plus and Super Liquid Raw-Hide. White Rock lawyer Joe Prodor teamed up with class action law firm Branch MacMaster to represent the homeowners, who sought to represent all Canadian consumers of the products in a class action.

The allegations against Behr are set out in the Amended Statement of Claim. Behr’s response to those allegations is found in the Statements of Defence.

In a decision dated August 12th, 2003, Mr. Justice Oppal of the B.C. Supreme Court certified the case as a class action. Behr appealed that decision to the B.C. Court of Appeal; however the appeal was adjourned pending settlement discussions between Behr and the class.

Those settlement discussions have resulted in a Settlement Agreement which was signed by the parties at the beginning of June.

Following the signing of the Settlement Agreement an initial notice was provided to potential class members advising of the dates on which the courts in B.C. and Ontario would review, and hopefully, approve the Settlement Agreement.

The B.C. and Ontario hearings took place on July 25th, 2005 and September 14, 2005, respectively. Both courts approved the Settlement Agreement, and as explained in the second notice to class members, it can now be implemented according to the terms agreed to by the parties.

In accordance with those terms, the final date for opting out of the settlement was December 13th, 2005. For those class members participating in the settlement, the deadline for submission of completed claims application forms was July 15th, 2006.

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