stillriza
11-01-2008, 07:52 PM
Recieved this today..for you canadian guys, read below on how to go about the claim process. It's been a long time but it is finally here.
***************
IMPORTANT: The following Final Notice of Certification and Settlement Approval has been approved by Canadian courts to inform you that a settlement of the class action lawsuit against General Motors has been approved and to inform you of the procedure for claiming compensation.
Please note that if you have already completed a Questionnaire for the plaintiffs' lawyers (such as Stevensons LLP or Koskie Minsky LLP), you will still need to submit a Claim Form with supporting documents to the General Motors Customer Communications Centre to claim compensation (see the section, "How to Make a Claim"). If you previously provided your original receipts and records to the plaintiffs' lawyers (such as Stevensons LLP or Koskie Minsky LLP) such documents will be returned to you upon request, should you so require, as you will need to submit the Claim Form and supporting documentation yourself. Plaintiffs' lawyers will not be making individual claims on behalf of class members.
Please review the Final Notice of Certification and Settlement Approval in full and contact the General Motors Customer Communications Centre should you have any questions at:
GM Gasket Class Action Claims
GM Customer Communications Centre
1908 Colonel Sam Dr
Oshawa, Ontario
L1H 8P7
Mail Code: CA1-163-015
1-800-263-3777 (English)
1-800-263-7854 (French)
Final Notice of Certification and Settlement Approval
GM intake manifold gasket class action
This notice may affect your rights. Please read it carefully.
PURPOSE OF THIS NOTICE
In 2006, seventeen (17) proposed class actions were commenced in Ontario, Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland, Nova Scotia, Prince Edward Island, Quebec, and Saskatchewan alleging, inter alia, that the nylon intake manifold gaskets installed in certain General Motors Corporation and General Motors of Canada Limited (“GM”) vehicles were defective.
A settlement has been reached between the plaintiffs (the individuals who commenced the lawsuit) and GM, (the “Settlement”). The members of the class affected by the Settlement are generally those who owned or leased certain GM vehicles, listed below, who incurred expenses for certain related repairs (“National Class Members”). Please note that vehicles must be for personal, family, or household use, NOT for commercial or business purposes.
The Settlement has been approved by the Ontario Superior Court of Justice and the action has been certified as a class action by the Court for the purpose of effecting the Settlement. The class counsel fees have been approved provisionally, subject to further order of the courts
This Notice is to advise you of the certification of the class action for settlement purposes and the approval by the Court of the Settlement and to inform you of your rights as a Class Member. You will be bound by the terms of the Settlement unless you decide to exclude yourself by opting out. Opting out is explained in this Notice.
The class action was certified for settlement purposes and the Settlement approved by Order of the Ontario Superior Court of Justice on October 20, 2008. The class counsel fees were approved provisionally, subject to further order of the courts.
Complete information regarding the Settlement of the class action can be found at www.gmcanadiansettlement.ca
The Settlement does not constitute any admission of liability by GM, which denies the allegations.
Terms of the Settlement
All National Class Members who submit a proper Claim Form, Proof of Expenditure, and Proof of Ownership before April 30, 2009 will be eligible to receive payment from the Claims Administrator according to the following payment schedule:
(a) For National Class Members who incurred an eligible repair expense within five years of the Date of Initial Vehicle Delivery, an amount equal to the eligible repair expense, up to a maximum of $400.
(b) For National Class Members who incurred an eligible repair expense in the sixth year after the Date of Initial Vehicle Delivery, an amount equal to the eligible repair expense, up to a maximum of $100.
(c) For National Class Members who incurred an eligible repair expense in the seventh year after the Date of Initial Vehicle Delivery, an amount equal to the eligible repair expense, up to a maximum of $50.
Any National Class Member who is eligible to receive cash payment under subparagraph (a) above may opt to instead receive 40% of the eligible repair expense, up to a maximum of $800, if the National Class Member submits Proof of Internal Leak Repair Expense showing a repair costing over $1,500 due to a diagnosed internal coolant leak.
The following is a list of eligible vehicles:
Model Year Make Model Engine Code*
1995 - 1997 Oldsmobile Achieva M
1999 - 2002, 2003† Oldsmobile Alero E
2001 - 2002, 2003† Pontiac Aztek E
1995 - 1996 Chevrolet Beretta M
1995 - 2004 Pontiac Bonneville K
1995 - 2002 Chevrolet Camaro K
2000 - 2002, 2003† Buick Century J
1995 - 1999 Buick Century M
1995 - 1996 Chevrolet Corsica M
1995 - 1996 Oldsmobile Cutlass Ciera M
1995 - 1996 Oldsmobile Cutlass Supreme X
1995 - 1997 Oldsmobile Cutlass Supreme M
1995 - 1999 Oldsmobile Eighty-Eight K
1995 - 2002 Pontiac Firebird K
1995 - 1998 Pontiac Grand Am M
1999 - 2002, 2003† Pontiac Grand Am E
1995 - 1996 Pontiac Grand Prix X
1997 - 1999 Pontiac Grand Prix K
2000 - 2002, 2003† Pontiac Grand Prix J or K
1995 - 1999 Pontiac Grand Prix M
2000 - 2002, 2003† Chevrolet Impala E or K
2004 Chevrolet Impala K
1998 - 1999 Oldsmobile Intrigue K
1996 - 2004 Buick LeSabre K
1995 - 1997 Chevrolet Lumina M or X
1998 - 1999 Chevrolet Lumina M or K
1996 Chevrolet Lumina Van E
1997 - 1999 Chevrolet Malibu M
2000 - 2002, 2003† Chevrolet Malibu J
1999 - 2002, 2003† Pontiac Montana E
1995 - 1997Chevrolet Monte Carlo M or X
1998 - 2004 Chevrolet Monte Carlo K
2000 - 2003† Chevrolet Monte Carlo E
1998 - 1999 Chevrolet Monte Carlo M
1995 - 1996 Oldsmobile Ninety-Eight K
1995 - 2004 Buick Park Avenue K
1996 - 2004 Buick Regal K
1995 - 1996 Buick Regal M
2002 - 2003† Buick Rendezvous E
1998 - 2002, 2003† Oldsmobile Silhouette E
1995 - 1998 Buick Skylark M
1996 - 1999 Pontiac Trans Sport E
1997 - 2002, 2003† Chevrolet Venture E
*The Engine Code is the 8th character of the Vehicle Identification Number (VIN)
† Certain 2003 Model Year Vehicles are excluded. See www.gmcanadiansettlement.ca for further information.
Excluded under the Settlement
· Anyone who purchased or leased a vehicle for commercial or business purposes.
· An insurer or other business that has fully or partially indemnified its customer for an eligible repair, whether the insurer or other business is purporting to make a claim for benefits under this Settlement in a subrogated capacity or not.
HOW TO MAKE A CLAIM
National Class Members who wish to make a claim for reimbursement under the Settlement are required to submit a Claim Form and supporting documentation (including proof of the eligible repair, payment, and ownership/lease at the time of the repair) by the final deadline, April 30, 2009. Claim Forms and further information about the claims process is available from the class action settlement website, www.gmcanadiansettlement.ca or by contacting the General Motors Customer Communications Centre, toll free, at 1-800-263-3777 (English) or 1-800-263-7854 (French).
The claim deadline is April 30, 2009
Release of claims and the effect on other proceedings
You are releasing GM of liability and you shall be forever barred from commencing or continuing any legal action against GM relating to the claims in the class action and the Settlement benefits unless you choose to opt out of the settlement. However, if you opt out you will not be entitled to any of the Settlement benefits including the payment of money.
Opting out of the Settlement
If you are a National Class Member and do not wish to receive any money and would like to exclude yourself from the Settlement, you can opt out by obtaining an Opt Out Form from the Claims Administrator and filing it with the Claims Administrator, postmarked on or before December 8, 2008. You will be bound by the terms of the Settlement unless you opt out.
If you opt out, you will NOT receive any money and you will be ineligible to participate in the Settlement.
If you opt out, you shall retain the right to commence or continue any proceeding against GM in respect of any allegedly defective nylon intake manifold gasket that you are otherwise eligible for or entitled to as provided by law.
Class Counsel Fees
The Court provisionally approved the payment of Class Counsel’s fees and disbursements (including applicable taxes) of $2,816,000 up to August 28, 2008 and $131,250, including taxes, for further work after August 28, 2008, subject to further order of the courts. These amounts are to be paid by GM separately, and without reducing, the reimbursement payments it makes to National Class Members under the Settlement.
QUESTIONS ABOUT THE SETTLEMENT
This Notice is a summary only. If you believe you are an eligible National Class Member you may review and/or obtain a copy of the Settlement at the website www.gmcanadiansettlement.ca
***************
IMPORTANT: The following Final Notice of Certification and Settlement Approval has been approved by Canadian courts to inform you that a settlement of the class action lawsuit against General Motors has been approved and to inform you of the procedure for claiming compensation.
Please note that if you have already completed a Questionnaire for the plaintiffs' lawyers (such as Stevensons LLP or Koskie Minsky LLP), you will still need to submit a Claim Form with supporting documents to the General Motors Customer Communications Centre to claim compensation (see the section, "How to Make a Claim"). If you previously provided your original receipts and records to the plaintiffs' lawyers (such as Stevensons LLP or Koskie Minsky LLP) such documents will be returned to you upon request, should you so require, as you will need to submit the Claim Form and supporting documentation yourself. Plaintiffs' lawyers will not be making individual claims on behalf of class members.
Please review the Final Notice of Certification and Settlement Approval in full and contact the General Motors Customer Communications Centre should you have any questions at:
GM Gasket Class Action Claims
GM Customer Communications Centre
1908 Colonel Sam Dr
Oshawa, Ontario
L1H 8P7
Mail Code: CA1-163-015
1-800-263-3777 (English)
1-800-263-7854 (French)
Final Notice of Certification and Settlement Approval
GM intake manifold gasket class action
This notice may affect your rights. Please read it carefully.
PURPOSE OF THIS NOTICE
In 2006, seventeen (17) proposed class actions were commenced in Ontario, Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland, Nova Scotia, Prince Edward Island, Quebec, and Saskatchewan alleging, inter alia, that the nylon intake manifold gaskets installed in certain General Motors Corporation and General Motors of Canada Limited (“GM”) vehicles were defective.
A settlement has been reached between the plaintiffs (the individuals who commenced the lawsuit) and GM, (the “Settlement”). The members of the class affected by the Settlement are generally those who owned or leased certain GM vehicles, listed below, who incurred expenses for certain related repairs (“National Class Members”). Please note that vehicles must be for personal, family, or household use, NOT for commercial or business purposes.
The Settlement has been approved by the Ontario Superior Court of Justice and the action has been certified as a class action by the Court for the purpose of effecting the Settlement. The class counsel fees have been approved provisionally, subject to further order of the courts
This Notice is to advise you of the certification of the class action for settlement purposes and the approval by the Court of the Settlement and to inform you of your rights as a Class Member. You will be bound by the terms of the Settlement unless you decide to exclude yourself by opting out. Opting out is explained in this Notice.
The class action was certified for settlement purposes and the Settlement approved by Order of the Ontario Superior Court of Justice on October 20, 2008. The class counsel fees were approved provisionally, subject to further order of the courts.
Complete information regarding the Settlement of the class action can be found at www.gmcanadiansettlement.ca
The Settlement does not constitute any admission of liability by GM, which denies the allegations.
Terms of the Settlement
All National Class Members who submit a proper Claim Form, Proof of Expenditure, and Proof of Ownership before April 30, 2009 will be eligible to receive payment from the Claims Administrator according to the following payment schedule:
(a) For National Class Members who incurred an eligible repair expense within five years of the Date of Initial Vehicle Delivery, an amount equal to the eligible repair expense, up to a maximum of $400.
(b) For National Class Members who incurred an eligible repair expense in the sixth year after the Date of Initial Vehicle Delivery, an amount equal to the eligible repair expense, up to a maximum of $100.
(c) For National Class Members who incurred an eligible repair expense in the seventh year after the Date of Initial Vehicle Delivery, an amount equal to the eligible repair expense, up to a maximum of $50.
Any National Class Member who is eligible to receive cash payment under subparagraph (a) above may opt to instead receive 40% of the eligible repair expense, up to a maximum of $800, if the National Class Member submits Proof of Internal Leak Repair Expense showing a repair costing over $1,500 due to a diagnosed internal coolant leak.
The following is a list of eligible vehicles:
Model Year Make Model Engine Code*
1995 - 1997 Oldsmobile Achieva M
1999 - 2002, 2003† Oldsmobile Alero E
2001 - 2002, 2003† Pontiac Aztek E
1995 - 1996 Chevrolet Beretta M
1995 - 2004 Pontiac Bonneville K
1995 - 2002 Chevrolet Camaro K
2000 - 2002, 2003† Buick Century J
1995 - 1999 Buick Century M
1995 - 1996 Chevrolet Corsica M
1995 - 1996 Oldsmobile Cutlass Ciera M
1995 - 1996 Oldsmobile Cutlass Supreme X
1995 - 1997 Oldsmobile Cutlass Supreme M
1995 - 1999 Oldsmobile Eighty-Eight K
1995 - 2002 Pontiac Firebird K
1995 - 1998 Pontiac Grand Am M
1999 - 2002, 2003† Pontiac Grand Am E
1995 - 1996 Pontiac Grand Prix X
1997 - 1999 Pontiac Grand Prix K
2000 - 2002, 2003† Pontiac Grand Prix J or K
1995 - 1999 Pontiac Grand Prix M
2000 - 2002, 2003† Chevrolet Impala E or K
2004 Chevrolet Impala K
1998 - 1999 Oldsmobile Intrigue K
1996 - 2004 Buick LeSabre K
1995 - 1997 Chevrolet Lumina M or X
1998 - 1999 Chevrolet Lumina M or K
1996 Chevrolet Lumina Van E
1997 - 1999 Chevrolet Malibu M
2000 - 2002, 2003† Chevrolet Malibu J
1999 - 2002, 2003† Pontiac Montana E
1995 - 1997Chevrolet Monte Carlo M or X
1998 - 2004 Chevrolet Monte Carlo K
2000 - 2003† Chevrolet Monte Carlo E
1998 - 1999 Chevrolet Monte Carlo M
1995 - 1996 Oldsmobile Ninety-Eight K
1995 - 2004 Buick Park Avenue K
1996 - 2004 Buick Regal K
1995 - 1996 Buick Regal M
2002 - 2003† Buick Rendezvous E
1998 - 2002, 2003† Oldsmobile Silhouette E
1995 - 1998 Buick Skylark M
1996 - 1999 Pontiac Trans Sport E
1997 - 2002, 2003† Chevrolet Venture E
*The Engine Code is the 8th character of the Vehicle Identification Number (VIN)
† Certain 2003 Model Year Vehicles are excluded. See www.gmcanadiansettlement.ca for further information.
Excluded under the Settlement
· Anyone who purchased or leased a vehicle for commercial or business purposes.
· An insurer or other business that has fully or partially indemnified its customer for an eligible repair, whether the insurer or other business is purporting to make a claim for benefits under this Settlement in a subrogated capacity or not.
HOW TO MAKE A CLAIM
National Class Members who wish to make a claim for reimbursement under the Settlement are required to submit a Claim Form and supporting documentation (including proof of the eligible repair, payment, and ownership/lease at the time of the repair) by the final deadline, April 30, 2009. Claim Forms and further information about the claims process is available from the class action settlement website, www.gmcanadiansettlement.ca or by contacting the General Motors Customer Communications Centre, toll free, at 1-800-263-3777 (English) or 1-800-263-7854 (French).
The claim deadline is April 30, 2009
Release of claims and the effect on other proceedings
You are releasing GM of liability and you shall be forever barred from commencing or continuing any legal action against GM relating to the claims in the class action and the Settlement benefits unless you choose to opt out of the settlement. However, if you opt out you will not be entitled to any of the Settlement benefits including the payment of money.
Opting out of the Settlement
If you are a National Class Member and do not wish to receive any money and would like to exclude yourself from the Settlement, you can opt out by obtaining an Opt Out Form from the Claims Administrator and filing it with the Claims Administrator, postmarked on or before December 8, 2008. You will be bound by the terms of the Settlement unless you opt out.
If you opt out, you will NOT receive any money and you will be ineligible to participate in the Settlement.
If you opt out, you shall retain the right to commence or continue any proceeding against GM in respect of any allegedly defective nylon intake manifold gasket that you are otherwise eligible for or entitled to as provided by law.
Class Counsel Fees
The Court provisionally approved the payment of Class Counsel’s fees and disbursements (including applicable taxes) of $2,816,000 up to August 28, 2008 and $131,250, including taxes, for further work after August 28, 2008, subject to further order of the courts. These amounts are to be paid by GM separately, and without reducing, the reimbursement payments it makes to National Class Members under the Settlement.
QUESTIONS ABOUT THE SETTLEMENT
This Notice is a summary only. If you believe you are an eligible National Class Member you may review and/or obtain a copy of the Settlement at the website www.gmcanadiansettlement.ca