FAQs re: Canadian Settlements

  1. What is this lawsuit about?
  2. Who are the Defendants?
  3. What is a class action?
  4. What is the status of the contested litigation?
  5. What settlements have been entered into in the Canadian Proceedings?
  6. How do I know if I am part of the Settlements?
  7. What do the Settlements provide?
  8. How do I file a claim for the Settlements?
  9. How do I exclude myself from the Settlements?
  10. How do I get more information about the Settlements
  11. How do I register to ensure that I receive future notices by direct mail?
  12. Who are the lawyers representing the class?
  13. 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. “Airfreight Shipping Services” are air cargo shipments to/from Canada (except to/from the United States).

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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.

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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 is the status of the contested litigation?

The Ontario action is continuing against Air Canada, AC Cargo Limited Partnership, and British Airways PLC.

The Ontario action was certified as a class proceeding and all related appeal have now been decided. This means that the Ontario court determined that purchasers of Airfreight Shipping Services can pursue their claims arising from the alleged conspiracy to fix prices of Airfreight Shipping Services as a class action.

Generally speaking, you are affected if you purchased Airfreight Shipping Services between January 2000 and September 2006. Certain people are excluded. Click here for more information.

The litigation is now in the discovery stage. As part of this process the parties exchange relevant documents and have an opportunity to ask each other’s representatives questions about the matters at issue in the litigation.

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5. 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) were distributed to qualifying Settlement Class Members in January 2019. 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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6. 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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7. What do the Settlements provide?

Update: the Net Settlement Amount was distributed to qualifying Settlement Class Members in January 2019.

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

The deadline for filing a claim has passed and the Net Settlement Amount was distributed to qualifying Settlement Class Members in January 2019.

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 filed a claim will be able to rely on that claim in respect of any subsequent settlement.

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9. 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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10. 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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11. 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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12. 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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13. 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