The Settlement provides various items to owners and lessees of Eligible Vehicles (see FAQ E).
The monetary compensation (“Settlement Class Member Payment”) and other things that may be available to you depend upon whether you are an Eligible Owner, Eligible Lessee, Eligible Former Owner, Eligible Former Lessee, Eligible Post-Announcement Owner, or Eligible Post-Announcement Lessee (see FAQ F). The Settlement Class Member Payment that may be available to you is also impacted by the Class Proceedings Fund levy and the Class Representative Honorarium, which are described directly below.
Impact of Class Proceedings Fund Levy
Class Counsel and the Class Representative have sought and received funding and an indemnity in this Action from the Law Foundation of Ontario’s Class Proceedings Fund (“CPF”). As such, the CPF shall be paid a levy of 10% out of the Settlement Class Member Payments that are made pursuant to this Settlement, in accordance with Class Counsel’s agreement with the CPF and the applicable law. No part of the levy will be paid by the Defendants. All Settlement Class Member Payments described in the notice are subject to a reduction of 10% in favour of the CPF.
Impact of Class Representative Honorarium
Subject to Court approval, the Class Representative will receive a payment of up to $15,000, to reward his efforts in advancing the Action to Settlement on behalf of the Settlement Class Members (the “Honorarium”). The Honorarium will be paid out of the settlement payments that Settlement Class Members receive pursuant to this settlement, on a pro rata basis based on the total estimated number of on-road Eligible Vehicles in Canada, which is 73,185. Accordingly, the pro rata share of the Honorarium for each Eligible Vehicle is up to $0.20 (the “Pro Rata Honorarium Share”). The Pro Rata Honorarium Share shall be deducted from each Settlement Class Member Payment made, in proportion to the number of Valid Claims made in respect of each Eligible Vehicle in accordance with the Claims Program. No part of the Honorarium shall be paid by the Defendants. All Settlement Class Member Payments described in the notice are subject to a reduction of up to $0.20 as contribution towards the Honorarium. Because the amount of the reduction may decrease if there is more than one claim per vehicle, this reduction of up to $0.20 per claim is not reflected in the Class Member Payment amounts described below.
Eligible Owners and Eligible Lessees
If you are an Eligible Owner or Eligible Lessee who installs the Field Measure in the Eligible Vehicle and timely submits a Valid Claim, you will receive an Owner/Lessee Payment of $2,925 ($2,632.50 after the CPF levy), unless an Eligible Former Lessee and/or Eligible Former Owner timely submits a Valid Claim for that same vehicle, in which case the Owner/Lessee Payment you will receive is $2,090 ($1,881 after the CPF levy).
Eligible Former Owners and Eligible Former Lessees
If you are an Eligible Former Owner or Eligible Former Lessee and timely submit a Valid Claim, you will receive a Former Owner/Lessee Payment.
The Former Owner/Lessee Payment is $835 ($751.50 after the CPF levy) per vehicle and shall be divided equally among all Eligible Former Owners and Eligible Former Lessees who timely submit a Valid Claim on the same vehicle.
Eligible Post-Announcement Owners and Eligible Post-Announcement Lessees
If you are an Eligible Post-Announcement Owner or Eligible Post-Announcement Lessee who installs the Field Measure in their Eligible Vehicle and timely submits a Valid Claim, you will receive a Post-Announcement Owner/Lessee Payment of $2,090 ($1,881 after the CPF levy).