IKO ROOFING SHINGLES
The representative plaintiff, on behalf of himself and the Class, is claiming damages from the defendants (IKO Industries Ltd., Canroof Corporation Inc., and I.G. Machine & Fibers Ltd.) for the negligent design and manufacture of IKO Organic Shingles. Specifically, the representative plaintiff alleges that IKO Organic Shingles were negligently designed and manufactured in a manner that, under normal conditions and usage, would result in premature failure.
With respect to persons in British Columbia, Saskatchewan, Manitoba, Quebec and/or New Brunswick, representative plaintiff also asserts claims for breach of the consumer protection legislation. Specifically, the representative plaintiff asserts that the Defendants breached the consumer protection legislation by representing that IKO Organic Shingles complied with industry standards, notwithstanding that IKO Organic Shingles did not comply with industry standards and that the Defendants did not conduct the necessary testing to determine whether IKO Organic Shingles did, in fact, comply with industry standards.
The representative plaintiff seeks damages, on behalf of himself and the Class, for, among other things, the costs of removing and replacing defective IKO Organic Shingles, including associated labour costs.
The representative plaintiff asserts that the Defendants’ response to warranty claims is inadequate given that, in most circumstances, recovery does not include labour costs and is only available if the property owner purchases replacement shingles manufactured by the Defendants.
The court has not taken any position as to the likelihood of recovery on the part of the representative plaintiff or the Class, or as to the truth or merits of the claims or defences asserted by either side. The allegations made by the representative plaintiff have not been proven in court.
On July 19, 2012, the Ontario Court certified a national class on behalf of all persons that own or have owned, lease or have leased, and all those who have or may pursue claims through or in the name or right of those who own or have owned, lease or have leased buildings in Canada that contain or have ever contained IKO organic shingles. This means that the claims of all class members will be determined in a single proceeding.
The defendants are seeking leave to appeal the certification decision. The leave to appeal hearing scheduled for December 10, 2012, in Toronto has been adjourned to April 2 and 3, 2013.
For further information concerning the IKO Roofing Shingles class action, please contact Vincenza Mastroianni at 1-800-461-6166 ext 2446 or e-mail Vincenza by clicking on the Contact Us link below.