Settlement Update: Posted November 24, 2014

On November 4, 2014, the Honourable Thomas M. Davis, Judge of the Superior Court of Québec rendered a 13-page Judgment after reviewing the written and oral submissions made by the parties on October 30, 2014. The Judgment granted final approval of the class action settlement in Courtemanche v. Honda Canada Inc. & al., Court File of the Superior Court of the District of Montréal, Province of Québec, No. 500-06-000601-126. A copy of the Court’s Judgment can be viewed from the link below.

NOVEMBER 4, 2014 JUDGMENT 

We anticipate that on December 4, 2014, the settlement will become effective, making December 4, 2014 the "Effective Date" as per the terms and conditions of the Settlement Agreement. In other words, the claims period should begin on December 4, 2014, and after that date, the Settlement Administrator will be processing claim forms received. Under the terms of the Settlement Agreement, in order to be timely, Claim Forms and supporting materials submitted to the Settlement Administrator must be postmarked no later than June 4, 2015 (6 months from the Effective Date).

Reviewed and validated claims with Cash Payment elections of ONE HUNDRED DOLLARS ($100) and for reimbursement of out-of-pocket expenses for full costs of parts and labor for the replacement of the IMA Battery in your Honda Civic Hybrid Vehicle are scheduled to be mailed starting on or about February 2, 2015 (but not before), via cheque.

For class members who are residents of Québec only, certain percentages of Class Action settlements must be contributed to the Class Actions Help Funds (Fonds d’aide aux recours collectifs). A contribution of TWO PERCENT (2%) applies for an individual claim lower than TWO THOUSAND DOLLARS ($2,000) and a contribution of FIVE PERCENT (5%) applies for an individual claim between TWO THOUSAND DOLLARS AND FIVE THOUSAND DOLLARS ($5,000) Therefore, the $100 cash payments will be effected by the issuance of cheques in the amount of $98 as an amount of TWO DOLLARS ($2) has to be deducted, as a contribution to the Class Actions Help Funds. The reimbursements of out-of-pocket expenses for full costs of parts and labor for the replacement of the IMA Battery in your Honda Civic Hybrid Vehicle will be subject to the same TWO PERCENT (2%) contribution if the amount claimed and approved is less than TWO THOUSAND DOLLARS ($2,000), a FIVE PERCENT (5%) contribution if the amount claimed and approved is exceeding TWO THOUSAND DOLLARS ($2,000) but less than FIVE THOUSAND DOLLARS ($5,000) and a TEN PERCENT (10%) contribution if the amount claimed and approved is exceeding FIVE THOUSAND DOLLARS ($5,000).

To obtain further information on this Class Actions Help Funds, please click on the Québec government website at http://www.justice.gouv.qc.ca/english/ministere/organisation/organism-a.htm#recours

To review the regulation relating Class Actions Help Funds contributions, click here: https://www.canlii.org/en/qc/laws/regu/cqlr-c-r-2.1-r-2/latest/cqlr-c-r-2.1-r-2.html

Please note that settlement class members who elected additional benefits such as rebate certificates and/or reimbursement will continue to have their claims processed on an ongoing basis. Please carefully review any communications received from the Settlement Administrator and make sure to properly submit all required documentation and information.

If you opt-out of the Proceedings, you cannot receive any of the benefits under the Settlement and you are not legally bound by the result of the Settlement. You may be able to bring your own lawsuit at your own expense.

To opt-out, please complete the opt-out form and send it to the addresses listed on the form therein. The opt-out form must be received no later than January 3, 2015

UPDATE:

The Final Approval Hearing will take place on October 30, 2014 in room 16.05 of the Montreal Courthouse, 1 East, Notre-Dame Street, Montreal, Quebec, H2Y 1B6.

Court documentation is attached below.

Motion-for-the-authorization-and-approval-of-a-class-action-settlement.PDF

Welcome

Welcome to the Honda Civic Hybrid Fuel Economy Class Action Settlement website. This website contains information about the proposed settlement of a Class Action proceeding concerning 2003 through 2009 model year Honda Civic Hybrid vehicles (the “Vehicles”).

On August 18, 2014, the Superior Court of the District of Montreal, Province of Quebec (the “Court”), approved the transmission of the Notice of Certification and Settlement Approval Hearing in the Matter of the Honda Civic Hybrid Fuel Economy Class Action the “Notice”), as appears from the Judgment. The Notice is posted on this website. Please see the Settlement Agreement for the full terms and conditions of the proposed settlement.

Once the Settlement Agreement has been approved by the Superior Court, you may be entitled to certain benefits if:

• You are a current or former owner or lessee in Canada of a 2003 through 2009 model year Honda Civic Hybrid vehicle; and
• You are dissatisfied with the fuel economy achieved by your Vehicle; and/or, for the 2006 to 2008 models, with the performance of your Integrated Motor Assist Battery (“IMA Battery”) and/or the software product update issued by Honda on or about August 2010; and
• You do not opt out of the proposed settlement.

If the Court approves the Settlement Agreement at the Final Approval Hearing (anticipated to be held on October 30, 2014) and the Settlement Agreement becomes final, Honda will provide the following benefits to eligible members of the Settlement Class who submit a valid and timely Claim Form:

1. one or more cash payment(s);
2. one or more redeemable rebate certificate(s)
3. a warranty extension on the IMA Battery of your Vehicle; and/or
4. reimbursement for full costs of parts and labour following the replacement of the IMA Battery of your Vehicle, the whole as described in the Notice.

Claim Forms will not be fully processed and no monetary reimbursements will be paid to members of the Settlement Class until after the proposed Settlement Agreement becomes final. The deadline for submitting a Claim Form is presently set to May 30, 2015. Any extension or delay will be posted on this website.

YOUR LEGAL RIGHTS AND OPTIONS IN THE PROPOSED SETTLEMENT AGREEMENT; if you are a member of the proposed Settlement Class, your options are as follows:

• Remain in the Settlement Class and claim benefits: To receive the benefits to which you would be entitled under the Settlement Agreement, you must complete and submit a Claim Form and provide supporting documentation as provided for in the Notice by May 30, 2015.
• Opt out of the Settlement Class: If you submit a valid and timely request to opt out of the Settlement Class, you will not be bound by any judgment entered in this lawsuit. Opting out means that you will not receive any of the benefits under the Settlement Agreement and cannot object to or comment on the Settlement Agreement, but you would be able to file a lawsuit on your own behalf. To opt out of the Settlement Class, you must follow the procedures outlined in the Notice. Please note that all requests to opt out must be sent by pre-paid mail, courier or fax no later than December 29, 2014.
• Object to the settlement: If you wish to object to or comment on any part of the proposed Settlement Agreement, you must send your objection or comments to Class Counsel and to Honda’s Counsel by October 8, 2014. To object or comment on the proposed Settlement Agreement, you must follow the procedures outlined in the Notice.
• Attend the Final Approval Hearing: At the Final Approval Hearing (presently scheduled for October 30, 2014), the Court will decide whether to approve the proposed Settlement Agreement. Attendance at the Final Approval Hearing is not mandatory or necessary. Members of the proposed Settlement Class who wish to address the Court at the Final Approval Hearing must follow the procedures outlined in the Notice. Any change in the date of the Final Approval Hearing will be posted on this website.

Your rights and options under the proposed Settlement Agreement are explained in detail in the Notice. If the Court approves the proposed Settlement Agreement and there are no appeals, the proposed Settlement Agreement will become final and eligible members of the Settlement Class who submitted a valid and timely Claim Form may begin receiving benefits around January 2015. Please be patient because this process will take time.

This website will be updated when the proposed Settlement Agreement is final. This means that the proposed Settlement Agreement has been approved and that no appeal is lodged against the Court’s decision. Please check this website regularly for updates.