Thank you for registering with Siskinds LLP to receive information and updates respecting the IKO Organic Shingles class action.
Your contact information has been added to our database of potential class members. We will notify you of all major steps in the litigation, including if/when it is time to file a claim. To ensure that you receive all relevant notices, please inform us of any address changes.
Status of the Litigation
The litigation has been certified as a class action and leave to appeal the certification order was denied. This means that the court determined that the action is properly prosecuted as a class action.
The litigation is now in the discovery stage. As part of the discovery stage, the parties exchange relevant documents and ask questions of each other’s representatives about the matters at issue in the litigation. Once discoveries are complete (assuming that no settlement has been achieved with IKO), there will be a trial of the common issues.
At this stage, it is not possible to determine how long the litigation will take.
No settlement has been achieved to date. While we can make no guarantees in this regard, we can advise that the majority of class actions are resolved through settlement.
Expected Recovery
For shingles installed after 1997, the warranty coverage is limited to the prorated costs of materials. No contribution is made towards labour costs, which are typically the higher costs.
As part of the class action, we are seeking to recover prorated labour and removal costs, as well as damages for consequential losses (i.e., damage to the interior of the home as a result of any leak). Although we cannot guarantee the results, we can advise that, in these types of cases, the recovery under the class action is typically greater than under the warranty.
Cost of Participation
It does not cost anything to participate in the class action. Siskinds LLP has entered into an agreement with the representative plaintiff with respect to legal fees and disbursements. The agreement provides that Siskinds LLP will only be paid in the event of success in the case (i.e., a settlement or court award). The agreement provides that the class will pay to Siskinds LLP a percentage contingency fee plus disbursements and applicable taxes. Siskinds LLP’s fees and disbursements must be approved by the court.
Relevant Records
Please see the “Roof replacement” information page attached to this email for instructions regarding relevant records.
Unused Shingles
We are asking that class members send to Siskinds LLP (at Siskinds LLP’s expense) any used shingles they might have. Please see the “unused shingles” information page attached to this email for more information.
Additional Information
For further information about the class action and copies of relevant documents, please visit our website, www.classaction.ca.
Several information sheets regarding particular issues are attached to this email. For further information respecting the following topics, please see the relevant attachment:
- Buying and selling a home with IKO organic shingles
- Roof replacement
- Warranty offers
- Unused shingles
If these information sheets do not address your questions, please email ikoclassaction@siskinds.com
