New Settlement

A national settlement, totaling $3.25 million has been reached with FMC Corporation and FMC of Canada, Ltd. (collectively “FMC”). The FMC settlement has been approved by the Ontario court and was declared applicable and enforceable by the British Columbia court. The Quebec action was previously discontinued as against FMC.

In order to be eligible to receive settlement benefits, a completed claim form must be submitted and postmarked no later that September 3, 2019. A link to a Claim Form can be found in the "Documents" section to the left.

The class action is resolved in its entirety.

Nature of Action
Class proceeding lawsuits were initiated in Ontario, British Columbia and Quebec. The lawsuits allege that the Defendants conspired to fix prices for Hydrogen Peroxide in Canada.

The Plaintiffs allege that from November 1, 1998 and December 31, 2003, the Defendants and senior executive of the corporate defendants participated in illegal and secretive meetings and made arrangements relating to price targets, specific price increases, and market share divisions for Hydrogen Peroxide.

Hydrogen Peroxide is a clear colourless inorganic liquid used primarily as a bleach or oxidizer. Hydrogen Peroxide is sold in aqueous solutions, typically 35%, 50% or 70% by weight, in different grades or formulations specifically tailored for enhanced performance in a particular application of the product. The term “Hydrogen Peroxide Products” refers to Hydrogen Peroxide, products that contain Hydrogen Peroxide and products the production of which involved the use of Hydrogen Peroxide.

Previous Settlements
Separate settlements have been reached with Solvay Chemicals Inc. and Solvay S.A., with Evonik Degussa Corporation formerly Degussa Corporation, Evonik Degussa formerly Degussa A.G. and Evonik Degussa Canada Inc. formerly Degussa Canada Inc., with Eka Chemicals, Inc., Eka Chemicals Canada Inc. and AkzoNobel Chemicals International B.V. and with Kemira OYJ and Kemira Chemicals Canada Inc. These settlements have been approved by the courts and the deadline for filing a claim under these settlement agreements has passed.

A settlement has been reached with Atofina Chemicals Inc., Arkema Inc., Arkema Canada Inc, and Arkema S.A. which has been approved by the courts. The Arkema settlement funds were applied against expenses incurred in the litigation with the Court’s approval.

Certification
In September 2009, Madam Justice Rady certified the action as a class proceeding as against the defendants Atofina Chemicals Inc., Arkema Inc., Arkema Canada Inc., Arkema S.A., FMC Corporation, and FMC of Canada, Ltd.

The action was certified on behalf of a class of all persons in Canada (excluding the defendants and their subsidiaries, affiliates and predecessors) who purchased hydrogen peroxide, products containing hydrogen peroxide, or products produced using hydrogen peroxide in Canada between January 1, 1994 and January 5, 2005. The Defendants sought leave to appeal the certification decision and leave to appeal was denied on June 8, 2010.

The deadline to opt out of this proceeding passed on August 7, 2009. If you previously opted out of this proceeding, you will not be able to participate in any further judgments. If you did not previously opt out of this proceeding, you will be bound by any future judgment obtained in this proceeding whether favourable or not, including judgment on the common issues. There will be no further opportunity to opt out of this proceeding.

Amendment to Class Definition
In October 2015, the Ontario court approved an amendment to the class definition that narrowed the class and excluded some former class members. The class is now defined as follows:

All persons in Canada (excluding the defendants and their subsidiaries, affiliates and predecessors) who purchased hydrogen peroxide directly from a manufacturer of hydrogen peroxide or through a distributor of hydrogen peroxide in Canada, between November 1, 1998 and December 31, 2003.

The amendment narrowed the class in two ways:

  1. It excludes those persons who purchased products containing or produced using hydrogen peroxide, and anyone who purchased hydrogen peroxide from retailers. Only persons who purchased hydrogen peroxide itself directly from a manufacturer of hydrogen peroxide or who purchased hydrogen peroxide from a chemical distributor remain in the Class.
  2. It also shortens the class period. The new start date is November 1, 1998 (instead of January 1, 1994), and the new end date is December 31, 2003 (instead of January 5, 2005). Persons who purchased hydrogen peroxide from January 1, 1994 to October 31, 1998 or from January 1, 2004 to January 5, 2005 are excluded from the Class.

Limitation Period
On January 13, 2016 the limitation period began to run for:

  • persons who purchased products containing or produced with hydrogen peroxide from January 1, 1994-January 5, 2005, or who purchased hydrogen peroxide but not from a defendant or chemical distributor; and
  • persons who purchased hydrogen peroxide from January 1, 1997 to October 31, 1998 and from January 1, 2004 to January 5, 2005.

Class Counsel

More information can be obtained by contacting class counsel:

The law firms of Siskinds LLP and Strosberg Sasso Sutts LLP represent Settlement Class Members in Ontario, and in provinces other than British Columbia or Quebec, as well as corporations of more than 50 employees in Quebec. Siskinds LLP can be reached toll free at 1-800-461-6166 ext. 2455 or by email at hydrogenperoxide@siskinds.com. Strosberg Sasso Sutts LLP can be reached toll free at 1-800-229-5323 ext. 8296 or by email at hydrogen@strosbergco.com

The law firm of Camp Fiorante Matthews Mogerman represents Settlement Class Members in British Columbia. British Columbia Class Counsel can be reached at 604-689-7555 or by email at djones@cfmlawyers.ca.