In late 2011, the United States Court, the Ontario Superior Court of Justice and the Superior Court of Quebec issued orders granting final class certification (authorization in Quebec) and approved the Settlement Agreement as fair, reasonable, and in the best interests of the U.S. Class, the Canadian National Class, and the Quebec Class. Click here for the related court orders.
The Settlement Agreement became effective on January 9, 2012. The Claims Administrator has begun the procedure of processing and paying claims.
To be eligible for settlement benefits, you must file a Claim Form prior to January 9, 2020. You will not receive a payment if you do not submit a timely and complete Claim Form.
At this stage, only people who have experienced a failure in a Kitec plumbing system are eligible to receive settlement payments. If you have not experienced a leak, you should still file a Claim Form. If there are sufficient funds remaining at the end of the claims filing period, you might be eligible for some compensation. How the funds are distributed at the end of the claims filing period depends on the sufficiency of the funds but will most likely be on a pro rata basis to all those who filed a valid claim.
At a later date, Class Counsel will be bringing motions before the Courts to amend the plan of allocation to provide for a final distribution of settlement funds. Please review this website periodically for important updates.
The deadline for opting out (excluding oneself) from the Class has expired. If you have not validly opted out, you cannot maintain individual litigation against the IPEX Defendants in relation to the Kitec System, but you can claim for benefits under the Settlement.
If you have validly and timely opted out, you will not be able to participate in the Settlement, but you can maintain individual litigation against the IPEX Defendants.