FAQs re: Canadian Settlements

  1. What is this lawsuit about?
  2. Who are the Defendants?
  3. What is a class action?
  4. What settlements have been entered into in the Canadian Proceedings?
  5. How do I know if I am part of the Settlements?
  6. What do the Settlements provide?
  7. How do I file a claim for the Settlements?
  8. How do I exclude myself from the Settlements?
  9. How do I get more information about the Settlements
  10. How do I register to ensure that I receive future notices by direct mail?
  11. Who are the lawyers representing the class?
  12. Can I update my address?



1. What is this lawsuit about?

Class action lawsuits in Ontario, British Columbia and Quebec allege an unlawful conspiracy to fix prices for Airfreight Shipping Services from January 1, 2000 to September 11, 2006.

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2. Who are the Defendants?

The Defendants in the Canadian Proceedings are:

AC Cargo LP
Air Canada
Asiana Airlines, Inc.
Atlas Air Worldwide Holdings, Inc.
British Airways PLC
Cargolux Airlines International S.A.
Cathay Pacific Airways, Ltd.
Deutsche Lufthansa AG
Koninklijke Luchtvaart Maatschappij N.V. (KLM)
Korean Airlines Co., Ltd.
Japan Airlines International Co., Ltd.
Lan Airlines S.A. (Lan Chile)
Lan Cargo S.A.
Lufthansa Cargo AG
Martinair Holland NV
Polar Air Cargo, Inc.
Royal Dutch Airlines
Scandinavian Airlines System
Singapore Airlines Cargo PTE, Ltd.
Singapore Airlines, Ltd.
Société Air France
Swiss International Air Lines, Ltd.

On August 26, 2015, the Ontario action was certified. Air Canada, AC Cargo Limited Partnership, and British Airways PLC are seeking leave to appeal the certification decision. The Plaintiffs have appealed the jurisdiction decision, which affects the class definition. Once all appeals have been resolved, another notice will be distributed and posted online. To ensure that you receive this notice, please register here, call 1-800-461-6166 ext. 2446, or email aircargo@siskinds.com.

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3. What is a class action?

In a class action, one or more individuals or companies called Class Representatives sue on behalf of people who have similar claims. All these people are a class or class members. The Court resolves the issues for all class members, except for those who exclude themselves from the class.

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4. What settlements have been entered into in the Canadian Proceedings?

Settlements have been reached in the Canadian Proceedings with the following Defendants:


Under the settlement reached with Singapore Airlines Ltd. and Singapore Airlines Cargo PTE Ltd., the Singapore defendants also agreed to make an additional payment of CDN$250,000 towards administration and notice costs.

The settlement funds (less court-approved counsel fees and disbursements) are being held in an interest-bearing account for the benefit of Settlement Class Members. In addition to the above-noted monetary benefits, each of the above-listed settlements requires the Settled Defendants to provide cooperation and/or certain documents and information to the Plaintiffs in the continued prosecution of the Canadian Proceedings. All of these settlements have received the requisite court approval. The Canadian Proceedings are continuing against Air Canada, AC Cargo Limited Partnership, and British Airways PLC.

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5. How do I know if I am part of the Settlements?

The Settlements apply with respect to the members of the “settlement class.” The settlement class includes persons who purchased air cargo shipping services from any air cargo carrier for shipments within, to, or from Canada (except shipments to or from Canada and the United States) during the period from January 1, 2000 to September 11, 2006, including those persons who purchased air cargo shipping services through freight forwarders.

If you are not sure whether you are a class member, please contact the settlement administrator. See Question 9 below.

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6. What do the Settlements provide?

The settlements achieved to date in this litigation total approximately CDN$29.6 million. The aggregate settlement funds, plus accrued interest, less a reserve fund, court approved legal fees and expenses, and applicable taxes (the “Net Settlement Amount”), are available for compensation to Settlement Class Members. The Net Settlement Amount equals approximately CDN$18,000,000. The reserve fund will be held in a trust account for the benefit of Settlement Class Members. Class Counsel reserve the right to apply to the Ontario, British Columbia and Quebec courts to have the reserve funds applied against future disbursements and/or future adverse costs awards.

The Ontario, British Columbia and Quebec Courts approved a protocol for distributing the Net Settlement Amount. A copy of the distribution protocol is available here (link Distribution Protocol).

While the settlements release the claims of persons who purchased Airfreight Shipping Services within Canada, those persons are not eligible for compensation, as the alleged conspiracy related only to international shipments.

For the purpose of the distribution of settlement funds, Airfreight Shipping Services means airfreight cargo shipping services for shipments to or from Canada, but specifically excluding:

For certainty, Airfreight Shipping Services includes airfreight cargo shipping services in which the freight:

For the purpose of distribution of settlement funds, Settlement Class Members means all persons who purchased Airfreight Shipping Services between January 1, 2000 and September 11, 2006, except for the following persons who are excluded:

Although settlements have only been reached with certain Defendants, Settlement Class Members can claim with respect to all Airfreight Shipping Services purchases between January 1, 2000 and September 11, 2006, regardless of the air cargo carrier, except for shipments on an integrated air cargo shipper (such as FedEx, UPS, DHL and TNT).

However, Settlement Class Members who have commenced litigation in other jurisdictions claiming damages arising from price-fixing of Airfreight Shipping Services will be required to discontinue or amend those proceedings to exclude Airfreight Shipping Services by the Claims Filing Deadline in order to participate in the distribution of the Net Settlement Funds.

For the purposes of calculating settlement benefits, the value of Settlement Class Members’ purchases will be converted to CDN from the original currency, at the average Bank of Canada rate for that currency between January 1, 2000 and September 11, 2006.

Subject to further order of the Ontario court, the settlement funds will be distributed on a pro rata (proportional) basis, based on the value of your claim relative to the value of all approved claims. The value of your claim will depend on the quantum of your purchases and the classification of your purchases (Settlement Class Members may fall into more than one category):

By way of example: If a Settlement Class Member purchased $100,000 of Airfreight Shipping Services directly from an air cargo carrier and $200,000 of Airfreight Shipping Services from a Freight Forwarder, its Airfreight Shipping Services Purchases for the purposes of determining its pro rata share of the Net Settlement Funds would be calculated as follows:

Assuming all valid claims totalled $100 million, this Settlement Class Member would be entitled to 0.25% of the Net Settlement Funds (CDN$45,000).

If the pro rata distribution would result in Settlement Class Members receiving an amount that is beyond any reasonable estimate of expected damages, Class Counsel will seek further direction from the Ontario court with respect to the distribution of the net settlement funds. Subject to further order of the Ontario court, all valid claims will be assigned a minimum value of $20. As part of any distribution of any subsequent settlements and/or court awards, Settlement Class Members whose pro rata entitlement was less than $20 will have to account for the fact that their claim was increased beyond their pro rata entitlement as part of any future distribution.

Payments to Quebec Settlement Class Members are subject to deductions payable to the Fonds d’aide aux recours collectifs, calculated in accordance with the governing regulations.

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7. How do I file a claim for the Settlements?

To be eligible for settlement benefits, Settlement Class Members must file a properly completed claim which includes a consent to the jurisdiction of the Ontario Superior Court of Justice and a full and final release for the benefit of the Settled Defendants, together with the required supporting documents, no later than May 11, 2017. Settlement Class Members who have commenced litigation in other jurisdictions against the Released Parties (as defined in the Settlement Agreements) relating to the Released Claims (as defined in the Settlement Agreements – e.g. claims resulting from or relating to the purchase of Airfreight Shipping Services) or if such litigation has been commenced on their behalf, must either discontinue or amend that litigation to exclude the Released Claims before filing a Claim, or expressly consent to a dismissal of such litigation when filing a Claim. Subject to further order of the Ontario court, Claims that are not made within the deadline will not be eligible for compensation.

Claims must be filed using the online claims process. If you do not have Internet access, but wish to file a Claim, please contact the claims administrator at 1- 888-291-9655 (U.S. and Canada) or 1-614-553-1296 (International).

Where possible, Settlement Class Members will be able to rely on sales records provided by the Defendants, International Air Transport Association (“IATA”) which offers an electronic billing service to airlines and others in the airline industry called Cargo Accounts Settlement Systems (“CASS”), and/or Freight Forwarders to establish their purchases. Settlement Class Members may also rely on their own purchase records. Please refer to the distribution protocol or question 6.

The courts have appointed Garden City Group, LLC (an independent third-party) to receive and review claims, make determination in respect of entitlement to direct payment of settlement benefits, and issue payments to eligible Settlement Class Members.

Questions regarding the claims process should be directed to Garden City Group, LLC at 1-888-291-9655 (U.S. and Canada) or 1-614-553-1296 (International) or administrator@aircargosettlement2.com.

The litigation is continuing against Air Canada, AC Cargo Limited Partnership, and British Airways PLC. Settlement Class Members who file a claim will be able to rely on that claim in respect of any subsequent settlement.

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8. How do I exclude myself from the Settlements?

The deadline for opting out (or excluding oneself) of the Canadian Proceedings has passed. Settlement class members who have not validly opted out will be bound by the terms of the Settlements and any other settlements or court orders issued in the Canadian Proceedings, and you can’t sue, continue to sue, or be part of any other lawsuit against the settling Defendants about the claims at issue in the Canadian Proceedings.

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9. How do I get more information about the Settlements?

More details are in the settlement agreements.

If the answer to your question cannot be located on this website, you may contact class counsel by email at aircargo@siskinds.com. You may also call the settlement administrator toll-free at 1-888-291-9655 in the U.S., U.S. territories, and Canada. Outside the U.S. and Canada, you may call 1-614-553-1296, but toll charges will apply. You may also write to:

Canadian Air Cargo Settlements
c/o Garden City Group, LLC
P.O. Box 9777
Dublin, OH 43017-5677
USA

If you have questions that are not answered by the settlement administrator, you can contact class counsel at the following address:

Siskinds LLP
680 Waterloo Street
London, ON
N6A 3V8
Canada
aircargo@siskinds.com
Toll-free (North America): 1-800-461-6166
Outside North America: 519-672-2121 ext 2446

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10. How do I register to ensure that I receive future notices by direct mail?

If you received notice of the Proposed Settlement by mail, future notices about the Canadian Proceedings will be sent to you at the same address. If you did not receive notice of the Proposed Settlement by mail, you must register to receive future communications. You can register on this website, or by writing to the settlement administrator at:

Canadian Air Cargo Settlements
c/o Garden City Group, LLC
P.O. Box 9777
Dublin, OH 43017-5677
USA
administrator@aircargosettlement2.com

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11. Who are the lawyers representing the class?

The law firm of Siskinds LLP represents Settlement Class Members in Ontario and in all provinces other than British Columbia and Quebec, as well as corporations of more than 50 employees in Quebec.

Siskinds LLP can be reached at: 1-800-461-6166 ext. 2446 or aircargo@siskinds.com or Siskinds LLP, 680 Waterloo Street, London, ON, N6A 3V8, Canada, Attn: Charles Wright.

The law firm of Camp Fiorante Matthews Mogerman (“CFM”) represents Settlement Class Members in British Columbia. CFM can be reached at: (604) 689-7555 or djones@cfmlawyers.ca or Camp Fiorante Matthews Mogerman, #400 - 856 Homer Street, Vancouver, BC, V6B 2W5, Attn: David Jones.

The law firm of Liebman Legal Inc. represents individuals and corporations of 50 or less employees who are Settlement Class Members in Quebec. Liebman Legal Inc. can be reached at: (514) 846-0666 or moe@liebmanlegal.com or Liebman Legal Inc., 1 Westmount Square #1750, Montreal, QC, H3Z 2P9, Attn: Moe F. Liebman.

You do not need to pay out-of-pocket for the lawyers working on the class action. The lawyers will be paid from the settlement funds in an amount approved by the courts.

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12. Can I update my address?

Yes. If your address changes, please enter your current information on this website, or send it to the settlement administrator at:

Canadian Air Cargo Settlements
c/o Garden City Group, LLC
P.O. Box 9777
Dublin, OH 43017-5677
USA

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Important Dates — Approved Canadian Settlements
DateEvent
May 11, 2017
(postmarked)
Claim Form Deadline