A settlement has been reached in a proposed class action lawsuit filed in the Ontario Superior Court of Justice (the “Court”) with respect to certain models of Simplex® or Unican™ mechanical pushbutton locks. The Plaintiffs claimed that the Simplex® or Unican™ locks were improperly designed and marketed. The Defendants have denied all claims and continue to deny the Plaintiffs’ allegations and maintain that the Defendants have not engaged in any wrongful acts. This Settlement is not an admission of wrongdoing nor an indication that any law was violated. Nevertheless, the Defendants have concluded that it is in their best interests that this lawsuit be resolved subject to and on the terms and conditions set forth herein. The Settlement is not effective unless and until it is approved by the Court.Top
The Proposed Settlement Class Members are all residents of Canada, other than residents of Québec, who use or own a Simplex® or UnicanTM Model/Series 1000, L1000, 2000, 3000, 6200, 7000, 7100, 8000 or File Guard mechanical pushbutton lock manufactured before January 1, 2011 (“End-Users”) or who purchased such a lock for re-sale (“Locksmiths”).Top
If you are a Class Member, you may (1) object to the Settlement; or (2) do nothing.
Class Members who do not wish to object to or make representations regarding the proposed Settlement do not need to attend the Approval Hearing in order to be eligible to benefit from the Settlement, if it is approved by the Court. Class Members who do wish to object to or make representations regarding the proposed Settlement, either directly or through their own legal counsel, must notify Class Counsel of the nature and grounds of their objections or representations, as well as the approximate date of their acquisition of the Effected Lock and its model number, in writing or by e-mail, by no later than July 27, 2018.Top
A) Qualifying End-Users of Simplex® or UnicanTM mechanical pushbutton lock models listed above whose claims are approved are eligible to receive one or more of the following, depending upon a variety of different criteria: a free do-it-yourself (“DIY”) Upgrade Kit that addresses the design elements at issue in the lawsuit; a free do-it-yourself (“DIY”) Shield that addresses the design elements at issue in the lawsuit, or reduced-cost or free professional installation of the Upgrade Kit.
B) Qualifying Locksmiths with inventory of unused, resalable Simplex® or UnicanTM mechanical pushbutton lock models listed above, which the Defendants did not already upgrade are eligible to exchange that inventory for new inventory that has been upgraded to address the design elements at issue in the lawsuit. Inventory of the listed models which has already been upgraded bears a yellow “Check Contents If Seal is Broken” tamper seal on the box flap.Top
The Ontario Superior Court of Justice will hold a hearing to consider whether to certify the action for settlement purposes, and approve the Settlement on August 7, 2018 at 10:00 A.M. in the Courthouse located at 130 Queen Street West, Toronto, Ontario (“Approval Hearing”). The Court must be satisfied that the Settlement is fair, reasonable and in the best interests of Class Members.Top
Contact the Claims Administrator, who manages the claims process, anytime. We are pleased to help answer your questions. Email us at email@example.com. If you need to call us, you can do that too, at 1-888-693-6115 (toll-free).Top
The lawyers representing this case for all Class Members in Canada, other than residents of Québec, are Kim Spencer McPhee Barristers P.C., located in Toronto:
KIM SPENCER McPHEE BARRISTERS P.C.
79 Wellington Street West
TD South Tower
Toronto, ON M5K 1H1
Tel: (416) 349-6576
Fax: (416) 868-0601