Frequently Asked Questions

1. What is a class action?

A class action is a lawsuit filed by one or more persons on behalf of a large group of people with the same concerns.

2. What are these class actions about?

In 2010, class proceedings were initiated in Ontario by Harrison Pensa LLP and in Québec by Consumer Law Group Inc. (collectively, “Class Counsel”) against various lawn mower and lawn mower engine manufacturers (the “Class Actions”). The Class Actions claim that the companies who manufactured the engines and the lawn mowers containing them mislabelled the products to show a higher horsepower rating than what was actually contained in the lawn mower.

3. How do I know if I am a class member?

Persons in Canada are eligible to make a claim if you meet all of the following requirements:

  • you purchased a gas-powered walk-behind or riding lawn mower designed, manufactured or labelled by any defendant which contains a gas combustible engine labelled at 30 horsepower or less ("Lawn Mower");
  • you purchased the Lawn Mower between January 1, 1994 and December 31, 2012; and
  • you purchased the Lawn Mower in Canada. 

The following is a non-exhaustive list of brands of Lawn Mowers which may be eligible for compensation in the Class Actions. Other brand names manufactured by the defendants may be eligible for compensation.

  • Ariens
  • Bolens
  • Brute
  • Columbia
  • Craftsman
  • Cub Cadet
  • Dynamark
  • Exmark
  • Ferris
  • Gravely
  • Honda
  • Husqvarna
  • Hustler
  • Jacobson
  • John Deere
  • Lawn Boy
  • Mastercraft
  • Mastercut
  • MTD
  • MTD Gold
  • MTD Pro
  • Murray
  • Noma
  • Poulan
  • Poulan Pro
  • Remington
  • Simplicity
  • Snapper
  • Swisher
  • Toro
  • Troy-Bilt
  • Walker
  • Weed Eater
  • White Outdoor
  • Wright
  • Yard Machines
  • Yard-Man
  • YardPro
  • Yardworks

4. Who are the defendants?

  • “Briggs & Stratton” – Briggs & Stratton Canada Inc. and Briggs & Stratton Corporation
  • “Electrolux” – Electrolux Canada Corp. and Electrolux Home Products, Inc.
  • “Honda” – Honda Canada Inc. and American Honda Motor Co., Inc.
  • “Husqvarna” – Husqvarna Canada Corp. and Husqvarna Consumer Outdoor Products N.A., Inc.
  • “John Deere” – John Deere Canada ULC and Deere & Company
  • “Kawasaki” – Kawasaki Motors Corp., U.S.A.
  • “Kohler” – Kohler Canada Co. and Kohler Co.
  • “MTD” – MTD Products Limited and MTD Products Inc.
  • “Tecumseh” – Tecumseh Products of Canada, Limited, Tecumseh Products Company, and Platinum Equity, LLC
  • “Toro” – The Toro Company (Canada), Inc. and The Toro Company

5. What settlements have been reached in these class actions?

In the Class Actions, several settlements were reached at various times during the case totalling $7,535,000 (the “Settlement Amount”). The settlements are not an admission of liability, fault, or wrongdoing by the defendants, but are a compromise of disputed claims. The settlements reached in the Class Actions are outlined below:

Defendant(s)

Settlement Amount (CAD)

MTD

$300,000 + extensive cooperation to the plaintiffs

Briggs & Stratton, Electrolux, John Deere, Husqvarna, Kohler, and Toro

$4,200,000

Honda

$700,000

Kawasaki

$785,000

Tecumseh

$1,550,000

Total

$7,535,000

After payment of court-approved class counsel fees and expenses, administration costs, notice costs, and applicable taxes, the remaining settlement funds will be distributed to Class Members who submit valid claim forms. 

6. How can I apply for a payment?

You can apply for a payment by completing an online claim form by May 22nd, 2019.

7. Will it cost me anything to file a claim?

It does not cost anything to file a claim. Counsel and Administration fees will be paid out of the settlement funds.

8. What is the deadline to file a claim?

Claims must be filed by no later than May 22nd, 2019.

9. What information do I need to provide with my claim?

End Users: a consumer or a business that purchased lawn mower(s) for personal/professional use.

A simplified claim for $15 per person can be completed in approximately 5 minutes.  You will need to complete a short claim form containing some basic particulars of your lawn mower purchase. This information includes the lawn mower make, engine make, and the year of purchase.

To be eligible for increased compensation, you will need to complete a standard claim form supported by proof of purchase and/or proof of horsepower.  This type of proof includes receipts, invoices, photos, purchase records, serial numbers, warranty documents, product registration documents, rebate documents, repair invoices, or any other comparable verification that is acceptable to the Claims Administrator.  These claims will be evaluated and compensated on a per lawn mower basis.

Proof will be flexibly evaluated by the Claims Administrator with a view to enabling claims while deterring unmeritorious claims.

Upstream Purchaser: a retailer or wholesaler who purchased lawn mowers for resale and not for actual use.

You will need to provide invoices, receipts, purchase records, or historical accounting records. Alternatively, a declaration can be provided along with other documents that prove the lawn mower purchases such as delivery or packing slips, credit card statements, bank statements, cancelled cheques, wire transfer confirmations, proof of product registration, rebate documents, warranty documents, serial numbers, repair invoices, or any other comparable verification that is acceptable to the Claims Administrator.

10. What if I am an End User who purchased more than 10 lawn mowers or an Upstream Purchaser?

If you are an End User who purchased more than 10 lawn mowers or an Upstream Purchaser, you will fill out a preliminary claim form through the online claims portal with certain basic information. After submitting the online claim form, the Claims Administrator will contact you, in the future, to obtain the particulars of your qualifying lawn mower purchases and supporting documentation in order to complete your claim.  This approach is intended to assist claimants who are making larger claims. 

11. How do I know my claim was filed?

Immediately after you file your claim, a page will be displayed confirming the submission of your claim. Please record the confirmation number for your records.

Confirmation

If you do not receive this confirmation, please confirm that you have filled in all the required information. There will be red text on the form anywhere that information is missing. 

You will also be sent a confirmation e-mail to the e-mail address you provided in your claim form.

If you are still unsure whether your claim was filed, call us at 1-866-479-7494 or e-mail us at lawnmowers@ricepoint.com.

12. What happens after I file a claim?

The court has appointed RicePoint Administration Inc. as the "Claims Administrator." The Claims Administrator will receive and review claims, make determinations in respect of entitlement to settlement benefits, and issue payments to eligible Settlement Class Members.

Once all claims are received and processed, decision notices will be sent to everyone who filed claims. Decision notices will be sent to the e-mail or mailing address you provided in the claim form. If your e-mail or mailing address changes prior to receiving a decision notice, it is your responsibility to advise the Claims Administrator.

Accurate claims processing takes a significant amount of time. Your patience is appreciated.

13. How much money will I be paid?

The Settlement Funds are divided with 80% of the total being allocated to End Users (the “End Users Fund”) and 20% being allocated to Upstream Purchasers (the “Upstream Purchasers Fund”).

End Users (individuals or businesses who purchased Lawn Mowers for their own use) will fall into one of the following categories based on the information they provide:

1. End Users Providing a Declaration without Further Proof – Those who provide a simplified claim form regarding their Lawn Mower purchase(s) without any documentary proof will be eligible for $15 per claimant.

2. End Users Providing Proof – Those who provide a standard claim form with proof of purchase or proof of the horsepower rating regarding their Lawn Mower(s) will receive the following, per Lawn Mower:

  • $15 – Any Lawn Mower with proof of purchase but without proof of horsepower rating
  • $20 – Any walk-behind Lawn Mower with proof of horsepower rating of under 5 horsepower
  • $35 – Any walk-behind Lawn Mower with proof of horsepower rating of 5 horsepower or more
  • $45 – Any riding Lawn Mower with proof of horsepower rating of under 18 horsepower
  • $55 – Any riding Lawn Mower with proof of horsepower rating of 18 horsepower or more

For End Users who provide both valid proof of purchase and valid proof of horsepower for the same Lawn Mower, entitlement will be calculated based on the horsepower rating of that Lawn Mower.  You will not be entitled to an additional $15 for providing proof of purchase.

All End-User entitlements could be either increased or decreased on a prorated basis depending on the number of eligible claims made by Class Members against the End Users Fund.

Upstream Purchasers will be compensated for their eligible lawn mowers on a proportional basis out of the Upstream Purchasers Fund according to the volume and type of lawn mowers purchased. Each Upstream Purchaser will receive a percentage of the Upstream Purchasers Fund in proportion to their actual purchases compared to the total number of lawn mowers purchased. Consult the full Distribution Protocol for more details.

14. When will I get paid?

Payment can take up to a year after the claims deadline.

Accurate claims processing takes a significant amount of time. Your patience is appreciated.

15. Who are the lawyers representing me?

Harrison Pensa LLP represents Class Members in all Canadian provinces and territories, excluding Québec. Harrison Pensa LLP can be reached at:

E-mail: lawnmowersettlement@harrisonpensa.com

Telephone: 1-800-263-0489, ext. 583

Fax: 1-519-667-3362

Mail: 450 Talbot Street, London, Ontario, N6A 5J6, Attn: Jonathan Foreman

Consumer Law Group Inc. represents Class Members in Québec. Consumer Law Group Inc. can be reached at:

E-mail: info@clg.org

Telephone: 1-514-266-7863, ext. 2

Fax: 1-514-868-9690

Mail: 1030 rue Berri, Suite 102, Montréal, Québec, H2L 4C3, Attn: Jeff Orenstein

16. Who has access to my information?

All information collected as part of this administration is collected, used, and retained by the Claims Administrator, Class Counsel and their agents pursuant to the Personal Information Protection and Electronic Documents Act, SC 2000 c 5, for the purposes of administering the Lawn Mowers Horsepower Labelling Class Action, including evaluating your eligibility status under the settlement agreements reached with the Defendants and the distribution protocol approved by the Court.

The information provided is strictly private and confidential and will not be disclosed without your express written consent, except in accordance with the settlement agreements, distribution protocol, and/or orders of the Court. More information about the Claims Administrator is available by clicking here.

17. How will I receive payment?

If you are an eligible individual claimant, we are pleased to offer you the option to receive payment by E-Transfer. E-Transfer is a fast, secure, convenient way to receive settlement benefits. It allows us to send funds directly to your e-mail address, and then allows you to deposit those funds using web or mobile banking. Funds sent by E-Transfer are not subject to a hold period and are available in your account immediately. You do not need to provide your banking information to receive your payment by E-Transfer.

Alternatively, you may also elect to receive payment by standard cheque.

Eligible commerical/business claimants will receive payment by cheque. 

18. What if I still have questions?

If you have further questions, please contact the Claims Administrator (RicePoint Administration Inc.) at:

E-mail: lawnmowers@ricepoint.com

Telephone (toll-free): 1-866-479-7494