TORONTO, Oct. 30, 2023 /CNW/ - A Canada-wide settlement has been reached in several proposed class actions alleging price fixing and related conduct on behalf of Canadians who purchased farmed Atlantic Salmon and products containing or derived from farmed Atlantic salmon purchased or sold in Canada from April 10, 2013 to October 6, 2023.
The Defendants, Cermaq Canada Ltd., Cermaq Group AS, Cermaq Norway AS, Cermaq US LLC, Grieg Seafood ASA, Grieg Seafood BC Ltd., Grieg Seafood Sales North America Incorporated (formerly Ocean Quality North America Inc.), Grieg Seafood Sales Premium Brands, Inc. (formerly Ocean Quality Premium Brands Inc.), Grieg Seafood Sales USA Inc. (formerly Ocean Quality USA Inc.), Lerøy Seafood AS, Lerøy Seafood USA Inc., Marine Harvest Atlantic Canada Inc., Mowi Asa, Mowi Canada West Inc., Mowi Ducktrap, LLC, Mowi USA, LLC, Nova Sea AS, Salmar ASA and Sjór AS, have collectively agreed to pay CA$5,250,000 for the benefit of the Settlement Class Members. The settlement is a compromise of disputed claims and is not an admission of liability, wrongdoing or fault by any of the parties.
The proposed Settlement Agreement will have to be approved by the Federal Court of Canada to be effective. A hearing to determine whether the proposed Settlement Agreement should be approved will take place on November 30, 2023. At the hearing, the Court will determine whether the proposed Settlement Agreement is fair and reasonable and in the best interests of the class. If approved by the Court, the proposed Settlement will resolve the claims of all Settlement Class Members.
Settlement Class Member is defined as all persons in Canada who purchased farmed Atlantic Salmon and products containing or derived from farmed Atlantic salmon purchased or sold in Canada from April 10, 2013 to October 6, 2023. This includes end-consumers, grocers, restaurants, food retailers, and food producers.
The Court will also be asked to approve the proposed Distribution Protocol if the proposed Settlement is approved as well as Class Counsel's fees and disbursements. Under the terms of the proposed Distribution Protocol, persons who purchase more than $1,000,000 of farmed Atlantic Salmon will be able to make a claim for compensation. Individuals and entities who purchased less than $1,000,000 will not be able to submit a claim. However, those class members will benefit indirectly from a cy-près donation of CAD$250,000 to Food Banks Canada.
If Settlement Class Members wish to participate in the class action and settlement, they are not required to do anything until after the Settlement is approved. Further information will be provided about how to make a claim at a later date. At this time, individuals who do not wish to participate in the class action and settlement may remove themselves from the class action (also known as opting-out) by submitting a request in writing to opt out to Class Counsel by November 30, 2023. Settlement Class Members can also object to the proposed Settlement and attend the Settlement Approval Hearing to present that objection. Settlement Class Members who wish to object to the proposed Settlement must submit their objections in writing to Class Counsel by November 20, 2023.
Further information about the proposed Settlement and Distribution Protocol can be found on Class Counsel's website at:
Siskinds LLP is a pioneer in class action lawsuits and has been recognized as a top-tier Canadian firm by the Chambers and Partners, a global legal review organization, in their 2023 guide. The class actions team, comprised of 25 lawyers admitted to practice in Ontario, British Columbia, Quebec, New York State and Australia, act exclusively for plaintiffs.
Sotos LLP is a nationally-recognized law firm based in Toronto. Sotos acts for plaintiffs in many of Canada's leading class actions in the areas of employment (wage and hour litigation), antitrust (Competition Act), privacy, consumer protection and franchising and distribution. www.sotosclassactions.com
Koskie Minsky LLP
Koskie Minsky LLP is one of Canada's leading law firms for class actions based in Toronto. Koskie Minsky's class action lawyers have extensive experience handling complex class actions in a wide variety of areas including residential schools, crown liability, environmental claims, securities misrepresentation, employment law, product liability and consumer protection.
SOURCE Siskinds LLP