Vancouver, Canada: A settlement has been reached in a defective products class action lawsuit filed in Canada in December 2012 in the Supreme Court of British Columbia (the "Court") against Miles Industries Ltd., Canadian Heating Products, Inc., Monessen Hearth Canada, Inc., and Monessen Hearth Systems Company, doing business as Vermont Castings Group.
The class action alleged between January 1, 2001 and December 31, 2014 these manufacturers installed gas burning glass fronted fireplaces, fireplace inserts and stoves that are a danger to anyone who touches the hot glass, particularly young children.
A proposed settlement has been reached that must still be approved by the Court to be effective. If approved, under the terms of the Settlement Agreement the Settling Defendants have agreed to provide free of charge, a protective fireplace screen or barrier, a Substantially Complying Screen Enhancement, or a Free Standing Barrier to all Consumer Class Members who request one within one year from the date of publication of the first notice to the Consumer Class Members of final settlement approval by the Court.
If you currently reside in British Columbia and want to participate in the settlement – do nothing at this time. Once the settlement is approved you may complete and submit a claim form to the Administrator.
If you are not a British Columbia resident but reside elsewhere in Canada and you want to participate in the settlement you must complete the OPT IN form and submit it to the Administrator within one year of the notice that the court has approved the settlement.
If you currently reside in British Columbia and do not want to participate to retain your legal rights, you must complete the OPT OUT form and submit it to the Administrator by May 11, 2015.
If you currently reside in British Columbia and want to Object to the Settlement a written submission must be delivered to the Class Counsel, post marked no later than May 5, 2015.
Additional information is available by reviewing the Order-Notice of Certification and Approval Hearing or the frequently asked questions available at http://www.fireplaceclassaction.com
