Update – October 9th, 2017:
Pour de plus amples information en Français, vous pouvez consulter le site Internet: www.moussepayante.com.
Distribution of Settlement Funds to Class Members
Distribution and administration protocols have now been approved by the Courts. Class members can make claims for reimbursement starting October 9th, 2017. See below for the Notice of Distribution:
Did you purchase furniture, mattresses, carpet underlay or flexible polyurethane foam In Canada between January 1st, 1999 and January 10th, 2012?
If so, collect money which may be owed to you from a class action settlement.
Visit WWW.FOAMFORCASH.com
A lawsuit claimed you paid too much for flexible polyurethane foam or products containing flexible polyurethane foam purchased in Canada because some manufacturers conspired to fix its price.
This notice explains your rights, options, and the deadline to exercise them.
What Is Foam?
Flexible polyurethane foam is a type of foam found in a number of products, including furniture, mattresses, and carpet underlay. A class action lawsuit alleged that between January 1st, 1999 and January 10th, 2012 (the “Class Period”) some makers of flexible polyurethane foam in Canada conspired to fix its price—resulting in purchasers paying too much. The class action lawsuit settled for over $38 million. Now it is time to pay money to the people, businesses, institutions, manufacturers and distributors that bought flexible polyurethane foam or products containing flexible polyurethane foam (not including molded or technical foam) made in Canada.
How Much Money Can I Get?
The amount of money that you will receive depends on the type and amount of the eligible Canadian foam purchases that you made in the Class Period.
For example, if you are an end consumer (meaning that you purchased a foam product such as a sofa or mattress for your own use and not for resale), your claim will be calculated based on the number and type of eligible Canadian foam products that your family household purchased. End consumer claims will receive the greater of $20 or the amount calculated based on your eligible household purchases.
How Do I Get My Money?
You can make a claim by visiting the website www.foamclassaction.ca and completing the online claim form. You must complete a claim form before February 6th, 2018.
Does It Cost Anything To Request A Payment?
No, it does not cost anything to request a payment.
How Do I Know If I Bought Foam?
Many products contain flexible polyurethane foam. The eligible products for which you may claim compensation are:
Furniture: upholstered office chairs, arm chairs, two-seat sofas, three-seat sofas and sectional sofas made in Canada containing flexible polyurethane foam.
Bedding: single/twin, double, queen and king size bed mattresses made in Canada containing flexible polyurethane foam.
Carpet Underlay: carpet pad, carpet cushion or carpet underlay made in Canada of scrap flexible polyurethane foam bonded by chemicals into a padding material.
Flexible polyurethane foam (not including molded or technical foam) made in Canada purchased primarily for manufacturing purposes.
Who Can Request A Payment?
You may request a payment if you live in Canada now or during the Class Period and you bought flexible polyurethane foam or an eligible product containing flexible polyurethane foam in Canada during the Class Period.
What information do I need to submit?
The claim form will require information about you and your purchases including reasonable proof that the purchases claimed were manufactured in Canada, for example, a copy of your receipt or a photograph of the tag on the product.
The Claims Administrator will then verify your submitted documentation and claim form.
When Will I Receive The Money?
We hope to process claim forms by May 9th, 2018.
The Claims Administrator will send out decision notices to everyone who filed a claim form. If you disagree with the Claims Administrator, you may be entitled to a limited right of review.
Once all reviews (if any) are finished, cheques will be sent to everyone whose claim was approved.
Who Can I Talk To If I Have More Questions?
Go to www.foamforcash.com or call 1 888 697 5512 to contact RicePoint, the Claims Administrator.
You can also contact one of the lawyers who worked on the class action lawsuit:
| Camp Fiorante Matthews Mogerman 604 689 7555 or 1 800 689 2322 polyfoam@cfmlawyers.ca Attn: Jen WinstanleyBelleau Lapointe 514 987 6700 or 1 888 987 6701 membres@recourscollectif.info Attn: Anaïs KadianStrosberg Sasso Sutts LLP 1 800 229 5323 extn 8296 polyclassaction@strosbergco.com Attn: Heather Rumble PetersonBranch MacMaster LLP 604 654 2999 tsiemens@branmac.com Attn: Trevor Siemens |
This is only a summary of the Court Approved Distribution Protocol. Additional terms and conditions may apply. The terms of the Distribution Protocol and the Administration Protocol govern the distribution process and can be found online at www.foamforcash.com.
Update – January 9th, 2017:
Pour de plus amples information en Français, vous pouvez consulter le site Internet: https://www.recourscollectif.info/fr/dossiers/mousse/.
New Settlement
A new settlement has been reached with the remaining defendants, Foamex Innovations, Inc., Foamex Innovations Canada, Inc., Les Industries Foamextra Inc. and certain individuals for $2,450,000.
The settlement approval hearings will be held:
in Vancouver, BC on March 6th, 2017, 2017 at 10 a.m.,
in Laval, Québec on March 21st, 2017 at 9:00 a.m.; and
in London, Ontario on April 12th, 2017 at 9:30 a.m.
The lawyers will ask the Courts for approval of a fee of 25% of all settlement funds achieved plus taxes and case expenses. The amount that is approved by the Courts as fair and reasonable will be deducted from the settlement funds.
Prior Settlements
The Courts have already approved a settlement with defendants Domfoam/Valle Foam and certain individuals and $5,450,780.44 has been recovered. Additional money may still be received from Domfoam/Valle Foam’s insolvency and an assignment. The Courts have also approved settlements with the defendants Carpenter, Vitafoam, FFP/Flexible Foam, Future Foam, Hickory Springs, Leggett & Platt, Mohawk Industries, Woodbridge and certain individuals for a further recovery of $29,282,497.
Distributing Settlement Funds to Class Members
A proposed distribution protocol has been finalized by the lawyers in consultation with economic and industry experts and the Courts will be asked to approve that distribution protocol and a settlement administration protocol at the settlement approval hearings.
The money will be distributed to the purchasers of flexible polyurethane foam, products which contain flexible polyurethane foam and carpet underlay made from flexible polyurethane foam. No money will be paid for purchases of molded or technical flexible polyurethane foam and products which contain molded or technical flexible polyurethane foam. Details about the distribution protocol will be posted at www.foamclassaction.ca and www.recourscollectif.info/fr/dossiers/mousse. A new notice will also be published.
Settlement class members should retain all proof of purchase of flexible polyurethane foam, products which contain flexible polyurethane foam and carpet underlay made from flexible polyurethane foam between January 1st, 1999 and January 10th, 2012 and monitor www.foamclassaction.ca and www.recourscollectif.info/fr/dossiers/mousse for updated information.
If you would like direct notice of steps relating to the distribution protocol, contact Chelsea Hermanson at 604 631 2561 or by email at chermanson@branmac.com.
Update – January 18th, 2016:
The settlement agreements with Carpenter, Vitafoam, Woodbridge, FFP/Flexible Foam, Future Foam, Hickory Springs, Leggett & Platt, and the Former FXI Individuals (see below for the full legal names of all of these defendants) were approved by the Courts in BC, Ontario and Quebec. The lawsuits are continuing against Foamex Innovations, Inc., Foamex Innovations Canada, Inc., Michael Calderoni, Donald Phillips and Vicenzo Bonaddio (the “FXI Defendants”).
Class Counsel are in the process of finalizing a proposed distribution protocol and will ask the Courts to approve that distribution protocol at a later date. The money will be distributed to the purchasers of flexible polyurethane foam, products which contain flexible polyurethane foam and carpet underlay made from flexible polyurethane foam. No money will be paid for purchases of molded or technical flexible polyurethane foam and products which contain molded or technical flexible polyurethane foam.
When available, details about the distribution protocol will be posted at www.foamclassaction.ca and www.recourscollectif.info/fr/dossiers/mousse. A new notice will also be published.
Settlement class members should retain all proof of purchase of flexible polyurethane foam, products which contain flexible polyurethane foam and carpet underlay made from flexible polyurethane foam between January 1st, 1999 and January 10th, 2012 and monitor this website for updated information.
If you would like direct notice of steps relating to the distribution protocol, or more information, contact Chelsea Hermanson at 604 631 2561 or by email at chermanson@branmac.com
Pour de plus amples information en Français, vous pouvez consulter le site Internet: https://www.recourscollectif.info/fr/dossiers/mousse/.
Update – August 21st, 2015:
Pour de plus amples information en Français, vous pouvez consulter le site Internet: https://www.recourscollectif.info/fr/dossiers/mousse/.
Settlement Approval Hearing
On June 18th, 2015, the BC Court certified the BC Action against Woodbridge, Vitafoam, Carpenter, FFP/Flexible Foam, Future Foam, Hickory Springs, Leggett & Platt, Mohawk and the Former FXI Individuals for settlement purposes only.
The settlement approval hearings will be held:
in Vancouver, BC on September 21st, 2015 at 10 a.m.,
in Montreal, Québec on October 26th, 2015 at 9:30 a.m.; and
in London, Ontario on October 29th, 2015 at 10 a.m.
The lawyers will ask the BC Court for approval of a fee of 25% of all settlement funds achieved plus taxes and case expenses. The amount that is approved by the Courts as fair and reasonable will be deducted from the settlement funds.
New Settlements and Certifications
The BC Court has certified the BC class actions against Foamex Innovations, Inc., Foamex Innovations Canada, Inc., Michael Calderoni, Donald Phillips and Vicenzo Bonaddio (the “FXI Defendants”). There are no settlements with these defendants and so the actions will be continuing against them.
There are new settlements with Carpenter, Vitafoam, Woodbridge, FFP/Flexible Foam, Future Foam, Hickory Springs, Leggett & Platt, and the Former FXI Individuals (see below for the full legal names of all of these defendants). In total, these defendants will pay $29,282,497 in settlement and provide cooperation, if the settlements are approved.
Prior Settlement
The Courts have approved the settlement with Domfoam/Valle Foam and some current or former employees. They paid $1,226,000 and have provided cooperation. Domfoam/Valle Foam have filed for and been given protection under the Companies’ Creditors Arrangement Act (“CCAA”). The class has made a claim under the CCAA. The outcome of this claim has not yet been determined.
Distributing Settlement Funds to Class Members
Class Counsel are in the process of finalizing a proposed distribution protocol and will ask the Courts to approve that distribution protocol at a later stage.
The money will be distributed to the purchasers of flexible polyurethane foam, products which contain flexible polyurethane foam and carpet underlay made from flexible polyurethane foam. No money will be paid for purchases of molded or technical flexible polyurethane foam and products which contain molded or technical flexible polyurethane foam.
When available, details about the distribution protocol will be posted at www.foamclassaction.ca and www.recourscollectif.info/fr/dossiers/mousse. A new notice will also be published.
Settlement class members should retain all proof of purchase of flexible polyurethane foam, products which contain flexible polyurethane foam and carpet underlay made from flexible polyurethane foam between January 1st, 1999 and January 10th, 2012 and monitor this website for updated information.
If you would like direct notice of steps relating to the distribution protocol, contact Chelsea Hermanson at 604 631 2561 or by email at chermanson@branmac.com
For more information please contact Chelsea Hermanson at 604 631 2561 or by email at chermanson@branmac.com.
Defendants Full Legal Names
| Domfoam/Valle Foam: | |
| Domfoam International, Inc., Valle Foam Industries (1995) Inc., A-Z Sponge & Foam Products Ltd. and Dean Brayiannis and | |
| Former FXI Individuals: | |
| Douglas Dolphin and Anthony DaCosta | |
Update – May 7th, 2015:
The BC Court has certified the BC class actions against Foamex Innovations, Inc., Foamex Innovations Canada, Inc., Michael Calderoni, Donald Phillips and Vicenzo Bonaddio (the “FXI Defendants”). There are no settlements with these defendants and so the actions will be continuing against them.
Update – June 11th, 2014:
On June 12th, 2014, counsel for the plaintiffs served on the defendants the application materials seeking certification of the British Columbia actions as class proceedings. The applications for certification are scheduled to be heard on April 7th to 10th, 2015 before the Honourable Mr. Justice Bowden of the British Columbia Supreme Court in Vancouver, BC.
Important Documents
Notice of Application seeking certification (BC Trillium and Majestic Actions)
Update – March 18th, 2014:
As previously reported, a settlement agreement was reached with the defendants Domfoam International, Inc., Valle Foam Industries (1995) Inc., A-Z Sponge & Foam Products Ltd. (together, the “Domfoam Defendants”), and Dean Brayiannis and certain other related individuals (together, the “Individual Settling Parties”) for the sum of $1,266,000, assignment of rights in other lawsuits, and cooperation with the plaintiffs in pursuing their claims against the non-settling defendants. The settlement agreement was of no force until it was approved by the court. Such approval was obtained in Ontario on February 11th, 2014 and in BC on March 10th, 2014. A summary of the agreement and its implications is provided below.
Please note, all distribution of settlement funds will be determined at a later date. The funds are being held in trust for the benefit of the Settlement Class Members. When the courts have approved the method for distributing the settlement funds, another notice will be provided explaining which Settlement Class Members are eligible for direct payment and how Settlement Class Members can apply to receive payment. Settlement Class Members should keep all purchase documents and can contact one of the lawyers listed below with any questions.
On March 18th, 2014, counsel for the plaintiffs served on the defendants the application materials seeking certification of the British Columbia actions as class proceedings. We anticipate the applications for certification will be heard by the BC court this summer. A link to copy of the application for certification is provided below.
Important Documents:
- Domfoam Settlement Agreement (see link below under Important Documents)
- Reasons for Judgment (Approval of Domfoam Settlement Agreement in Ontario actions)
- Notice of Application seeking certification (BC Trillium and Majestic actions)
- Domfoam Settlement Agreement Approval Order (Ontario Actions)
Settlement with Domfoam Defendants and Related Individuals
Update – August 19th, 2013:
On January 10th, 2012, a settlement agreement was reached with the defendants Domfoam International, Inc., Valle Foam Industries (1995) Inc., A-Z Sponge & Foam Products Ltd. (together, the “Domfoam Defendants”), and Dean Brayiannis and certain other related individuals (together, the “Individual Settling Parties”) for the sum of $1,266,000, assignment of rights in other lawsuits, and cooperation with the plaintiffs in pursuing their claims against the non-settling defendants. Under the terms of the settlement, Settlement Class Members release the Individual Settling Parties and other related parties from claims regarding the purchase of Foam Products in Canada during the Settlement Class Period, and agree to discontinue or dismiss certain proceedings as against the Domfoam Defendants and Brayiannis.
Copies of the Pre-Approval Notice, which provides further information about the Domfoam settlement agreement, and the Domfoam settlement agreement are available below.
The class actions in BC, Ontario and Quebec have been certified/authorized against the Domfoam Defendants and Brayiannis for settlement purposes only. Copies of the court orders certifying the actions are available below.
The Domfoam Defendants were previously granted protection under the Companies’ Creditors Arrangement Act (“CCAA”). The claims deadline has now passed. All claims against the Domfoam Defendants and certain of the Settling Individuals which were not filed in the CCAA Proceeding have been barred and extinguished. Under the settlement, the plaintiffs reserved their right to file a claim on behalf of Settlement Class Members in the CCAA Proceeding. The plaintiffs filed a claim on behalf of Settlement Class Members in the CCAA Proceeding in advance of the claims deadline. The outcome of this claim has not yet been determined.
The Domfoam settlement agreement is subject to court approval. Hearings to approve the settlement agreement will be held as follows:
- In BC: at the Vancouver courthouse on October 25th, 2013 at 9:00 a.m.
- In Ontario: at the London courthouse on October 25th, 2013 at noon
- In Quebec: at the Montreal courthouse on October 28th, 2013 at 9:00 a.m.
If you have no objection to the Domfoam settlement and you want to participate in the class actions, you do not need to do anything.
If you wish to object to the Domfoam settlement, you must send your written objection by October 18th, 2013 to:
- For British Columbia residents: Camp Fiorante Mathews Mogerman at polyfoam@cfmlawyers.ca or Branch MacMaster LLP at lbrasil@branmac.com;
- For Quebec residents: Belleau Lapointe at membres@recourscollectif.info; and
- For all others: Sutts Strosberg LLP at polyclassaction@strosbergco.com.
All comments or objections received will be provided to the courts.
Distribution of Settlement Funds
The way in which the settlement funds will be distributed will be determined at a later date. The settlement funds are being held in trust for the benefit of the Settlement Class Members for the time being. Once the courts have approved the method for distributing the settlement funds, another notice will be provided explaining which Settlement Class Members are eligible for direct payment and how Settlement Class Members can apply to receive payment. Settlement Class Members should keep all purchase documents and can contact one of the lawyers listed above with any questions.
Your Options
If you want to participate in the polyurethane foam class actions and the Domfoam settlement, you do not need to do anything. You will be bound by the settlement and any future settlements or court decisions and will not be able to opt out of the class actions in the future.
If you do not want to participate in the polyurethane foam class actions, you must complete and send an Opt Out Form to National Class Actions (contact information is below) by mail, courier, fax or email by October 18th, 2013(the “Opt Out Deadline”). Opt Out Forms can be downloaded below or are available from www.foamclassaction.ca. If you opt out, you will retain any right to sue individually (except against the Domfoam Defendants and certain of the Individual Settling Parties) but will not receive the benefit of this or future settlements or judgments in the class actions.
Mail or Courier
National Class Action Services
175 Bloor Street East,
Suite 807, South Tower,
Toronto, Ontario M4W 3R8
Attn: Paul Battaglia
F 416 342 1761
Paul@trilogyclassactions.ca
Class Counsel Fees
Class Counsel legal fees and disbursements must be approved by the courts. At the settlement approval hearings Class Counsel may collectively request legal fees of up to 30% of the settlement funds, plus disbursements and applicable taxes to be paid out of the settlement funds.
If you wish to object to these fees, you must send your written objection by October 18th, 2013 to:
- For British Columbia residents: Camp Fiorante Mathews Mogerman at polyfoam@cfmlawyers.ca or Branch MacMaster LLP at lbrasil@branmac.com;
- For Quebec residents: Belleau Lapointe at membres@recourscollectif.info; and
- For all others: Sutts Strosberg LLP at polyclassaction@strosbergco.com.
All comments or objections received will be provided to the courts.
Important Documents
- Foam Notice of Civil Claim (BC Majestic)
- Foam Notice of Civil Claim (BC Trillium)
- Foam Settlement Agreement
- Foam Order re Certification and Notice Approval (BC Majestic and Trillium)
- Foam Order re Certification and Notice Approval (Ontario Carpet Underlay)
- Foam Order re Certification and Notice Approval (Ontario General Foam)
- Foam Order re Certification and Notice Approval (Quebec)
- Foam Reasons for Decision re Certification and Notice Approval (Quebec)
- Foam Pre-Approval Notice (English)
- Foam Pre-Approval Notice (French)
Polyurethane Foam Class Action Proposed
November 2010
A proposed class action has been commenced in the Supreme Court of British Columbia regarding an alleged conspiracy to fix prices of polyurethane foam and/or products containing polyurethane foam (“Foam Products”) in Canada. The defendants are Vitafoam Products Canada Limited, Vitafoam Incorporated, Hickory Springs Manufacturing Company, Valle Foam Industries (1995) Inc., Domfoam International Inc., A-Z Sponge & Foam Products Ltd., The Carpenter Company, Woodbridge Foam Corporation, Flexible Foam Products Inc., Scottdel Inc., Foamex Innovations, Inc. and Future Foam, Inc.
The claim, which was brought by Majestic Mattress Mfg. Ltd, alleges that, from January 1999 onwards, the defendants conspired to fix the prices of Foam Products and retain their respective market shares. A copy of the notice of civil claim can be viewed below.
Justice Bowden of the Supreme Court of British Columbia has been appointed as the Case Management Judge. Luciana Brasil and Ward Branch are counsel for the Plaintiff and for the proposed class. Proposed class actions have also been commenced by Camp Fiorante Matthews Mogerman in BC, as well as in Ontario and Quebec. Our firm is working cooperatively with counsel in these actions to prosecute the class actions against the defendants.
If you would like to obtain more information about this case, or would like to be added to our database of known potential claimants, please contact our associate Chelsea Hermanson by email (chermanson@branmac.com), or by phone: 604 631 2561.