The information in the FAQ section below provides a summary of the settlements, the distribution of the settlement funds and the claims process. For complete information, refer to the court-approved Distribution Protocol. The Distribution Protocol can be found here.

What is a class action?

A class action is a lawsuit filed by one person on behalf of a large group of people.

What are these class actions about?

Class action lawsuits were commenced in Ontario, British Columbia, and Quebec alleging that several LIB manufacturers (the “Defendants”) conspired to fix prices for LIBs, resulting in higher prices for LIBs and LIB Products sold in Canada (collectively the “LIB Proceedings”).

What Settlements have been achieved in the Class Actions?

A settlement is when a Defendant agrees to pay money to the members of the class action in exchange for being released from the case.

Settlements were reached with the following groups of Defendants:

Defendants

Settlement Amount

NEC Corporation and NEC Tokin Corporation

CDN $50,000

Samsung SDI Co., Ltd. and Samsung SDI America, Inc.

USD $2,200,000

[CDN $2,778,600]

Sony Corporation, Sony Energy Devices Corporation, Sony Electronics, Inc., and Sony of Canada Ltd.

CDN $4,500,000

LG Chem, Ltd. and LG Chem America, Inc.

USD $3,900,000

[CDN $5,100,000]

Toshiba Corporation, Toshiba America Electronic Components, Inc., and Toshiba of Canada Limited

CDN $264,759.67

Maxell Holdings, Ltd. and Maxell Corporation of America

USD $300,000

[CDN $390,000]

Panasonic Corporation, Panasonic Corporation of North America, Panasonic Canada Inc., and Sanyo Electric Co., Ltd.

USD $6,295,000

[CDN $8,243,300]

Settlement funds converted to Canadian dollars upon deposit.

All of these settlements have received court approval. The settling Defendants do not admit any wrongdoing or liability. The settlements resolve the proceedings in full.

A copy of each Settlement Agreement is available under the Documents tab on this website.

What is the amount available for distribution?

The settlements achieved in this litigation total approximately CDN $21.3 million. The aggregate settlement funds, plus any costs awards and interest, and less court-approved legal fees, disbursements, administration expenses, and applicable taxes (“Net Settlement Amount”), are available for compensation to eligible Settlement Class Members (defined below). The Net Settlement Amount equals approximately CDN $13 million.

The Ontario and Quebec courts approved a protocol for distributing the Net Settlement Amount. A copy of the Distribution Protocol is available under the Documents tab.

What is a Lithium-Ion Battery (LIB)?

Lithium-Ion Battery (LIBs) are rechargeable batteries used in electronic products.

LIB Products are laptop computers, notebook computers, tablet computers, e-book readers, MP3 players, personal digital assistants, handheld GPS, handheld video players, cellphones, smartphones (excluding cellphones and smartphones sold as part of a service contract) or replacement batteries for any of these products.

Who is eligible to claim?

Settlement Class Members are eligible to file a claim. Settlement Class Members are all persons in Canada who purchased LIBs or LIB Products between January 1, 2000 and January 1, 2012, except the Defendants and certain parties related to the Defendants.

Settlement Class Members can claim with respect to all LIBs or LIB Products purchased, regardless of the manufacturer or brand. LIB Products are laptop computers, notebook computers, tablet computers, e-book readers, MP3 players, personal digital assistants, handheld GPS, handheld GPS, handheld video players, cellphones, and smartphones (excluding cellphones and smartphones sold as part of a service contract).

How will the Settlement Funds be distributed?

Subject to further court order, Settlement Class Members who file undocumented claims will receive $20.

The Net Settlement Amount remaining after paying undocumented claims will be distributed to eligible Settlement Class Members pro rata (proportionately) based on the value of the Settlement Class Member’s Point Total, as compared to the value of all qualifying Settlement Class Members’ Point Totals. Because settlement benefits are being distributed pro rata, the amount payable to individual claimants will not be known until after the claims process is complete.

How will the points be calculated?

For the purpose of the distribution, a Settlement Class Member’s Point Total will be calculated based on:

(a) the Settlement Class Member’s LIB or LIB Product purchases (based on assigned point values for LIBs or LIB Products); and

(b) the categorization of the Settlement Class Member.

What is the point value of specific LIBs and LIB products?

The following values will be assigned for the purposes of determining the Settlement Class Member’s Point Total. This Point Total reflects the number and value of LIB cells within an LIB Product:

LIB/LIB Product

Point Value

notebook computer or replacement battery

6

laptop computer or replacement battery

6

tablet computer or replacement battery

1

e-book reader or replacement battery

1

MP3 player or replacement battery pack

1

personal digital assistant or replacement battery pack

1

handheld GPS or replacement battery pack

1

handheld video player or replacement battery pack

2

cellphone/smartphone or replacement battery pack [excluding phones acquired as part of a cellphone service contract]

1

What is the categorization of a Settlement Class Member?

Settlement Class Members will be categorized into purchaser groups depending on their position in the distribution chain. Settlement Class Members can fall within multiple purchaser groups. The purchaser groups are as follows:

Purchaser Group Description Value of Purchases (%)
Direct Purchaser End Users Settlement Class Members who purchased LIBs or LIB Products for their own use and not for commercial resale directly from a Defendant or an entity related to a Defendant 100%
Direct Purchaser Resellers Settlement Class Members who purchased LIBs or LIB Products for commercial resale directly from a Defendant or an entity related to a Defendant 25%
Other Purchaser End Users Settlement Class Members who purchased LIBs or LIB Products for their own use and not for commercial resale, from an entity that is not a Defendant or related to a Defendant, including a non-Defendant manufacturer 80%
Other Purchaser Resellers Settlement Class Members who purchased LIBs or LIB Products for commercial resale, from an entity that is not a Defendant or related to a Defendant, including a non-Defendant manufacturer 15%


Do you have an example calculation of the point value system for distribution?

If a Direct Purchaser Reseller purchased 100,000 laptop computers, the Point Total for the purpose of determining its pro rata share of the Net Settlement Amount remaining after Undocumented Claims are paid would be calculated as follows:

600,000 (representing 100,000 laptop computers with each having a point value of 6) x .25 (representing the categorization of the Settlement Class Member) = 150,000

Assuming the value of all qualifying Settlement Class Members’ Point Totals equals 10 million, this Settlement Class Member would be entitled to 0.015% (150,000/10 million) of the portion of the Net Settlement Amounts remaining after Undocumented Claims are paid out.

Will there be a minimum payment?

Notwithstanding the above and subject to further order of the Ontario court, all Settlement Class Members with valid claims will receive a minimum payment of $20. The $20 valuation target is not an estimate of any damages suffered. It is a minimum administrative threshold designed to maintain a feasible economic and administrative platform for the settlement distribution.

Please note that if an individual Settlement Class Member elects to receive payment by cheque instead of by e-transfer, $2 will be deducted from that Settlement Class Member’s minimum payment to reflect the cost of issuing a cheque.

How do I file a claim?

Settlement Class Members who wish to apply for compensation under the settlements must apply no later than December 17, 2021. Claims that are not made before the deadline may not be eligible for compensation. Click File Claim to apply for compensation.

When is the deadline to file a claim?

The claim deadline is December 17, 2021.

Do I need to provide proof of purchase with my claim?

No, you do not need to provide proof of purchase with your claim. Subject to further court order, Settlement Class Members who file a claim without proof of purchase will be eligible to receive $20. 

Settlement Class Member who wish to be eligible to receive more than $20 must provide proof of purchase.  

Relying on Defendants’ data: Where possible, Settlement Class Members will be able to rely on the Defendants’ sales records to establish their purchases. Where available, this information will be provided by email or letter by the Claims Administrator and will be pre-populated on the online claims portal. Settlement Class Members who exclusively rely on Defendants’ sales data will not be required to provide further proof of purchase.

Relying on purchase records: Where sales data is not available and/or a Settlement Class Member claims for purchases of LIBs or LIB Products in addition to those substantiated by the Defendants’ data, the Settlement Class Member must provide proof of purchase. This may take the form of:

  • invoices, receipts, delivery or packing slips, purchase records, or historical accounting records; or
  • a declaration attesting to the units purchased, together with substantiating documentation that is acceptable to the Claims Administrator. See paragraph 20b of the Distribution Protocol for more detailed requirements.

Extrapolating purchases: Where a Settlement Class Member does not have all purchase records for the period between January 1, 2000 and January 1, 2012, the Settlement Class Member can extrapolate its LIB or LIB Product purchases based on existing purchase records between January 1, 2000 and January 1, 2012, or after that period. The Settlement Class Member must provide the basis of the extrapolation and proof that the Settlement Class Member was fully operational during the period in which the purchases are being extrapolated.

When will I receive my money?

As soon as practicable after the claims evaluations and any appeals are completed. The Claims Administrator shall make arrangements to pay approved claims as expeditiously as possible. Undocumented Claims may be paid out before Documented Claims. Please check this website for regular updates.

How will I receive payment?

For individual claimants, payments will be made by e-transfer or cheque. Where an individual Settlement Class Member elects to receive payment by cheque, $2 will be deducted from that Settlement Class Member’s payment to reflect the cost of issuing a cheque.

For commercial claimants, payments will be issued by cheque or, at the discretion of the Claims Administrator, wire transfer.

Who is the Claims Administrator?

The courts have appointed RicePoint Administration Inc. (an independent third party) to receive and review claims, determine eligibility for payments, and issue payments to eligible Settlement Class Members.

Questions regarding the claims process should be directed to RicePoint Administration Inc. at 1-866-726-4080 or [email protected].


Who are the lawyers in this action?

The law firms of Siskinds and Sotos represent Settlement Class Members in Ontario, and in provinces other than British Columbia or Quebec.

Siskinds LLP can be reached at:

Telephone (toll-free): 1-800-461-6166
Email: [email protected]
Mail: 680 Waterloo Street, London, ON N6A 3V8, Attention: Charles Wright

Sotos LLP can be reached at:

Telephone: 416-977-0007
Email: [email protected]
Mail: 180 Dundas St W #1200, Toronto, ON M5G 1Z8, Attention: Jean-Marc Leclerc

The law firm of Camp Fiorante Matthews Mogerman LLP represents Settlement Class Members in British Columbia.

Camp Fiorante Matthews Mogerman LLP can be reached at: 

Telephone: 604-689-7555
Email: [email protected]
Mail: #400 - 856 Homer Street, Vancouver, BC V6B 2W5, Attention: Chelsea Hermanson

The law firm of Belleau Lapointe s.e.n.c.r.l. represents individuals and corporations who are Settlement Class Members in Québec.

Belleau Lapointe can be reached at:

Telephone (toll-free): 1-888-987-6701
Email: [email protected]
Mail: 300, place d’Youville, Bureau B-10, Montréal, QC H2Y 2B6, Attention: Jean-Philippe Lincourt

How are the lawyers paid?

You do not need to pay out-of-pocket for the lawyers working on the class actions. The lawyers were paid from the settlement funds in the amount approved by the courts.

Where can I find more information?

More information about the settlements, the distribution of the settlement funds and the claims process is available on the Documents tab, by email at [email protected] or by calling toll-free 1-866-726-4080.

What is the difference between personal use and resale use?

  • If you purchased LIBs or LIB Products to use yourself, or to use in your business, that is “personal use”.
  • If you purchased LIBs or LIB Products in order to sell them to others for a commercial purpose, and not to use yourself or in your business, that is “resale use”.