NOTICE OF DISCONTINUANCE OF PROPOSED CLASS ACTION AGAINST WHIRLPOOL REGARDING AQUALIFT OVENS
Please Read this Notice Carefully. It May Affect Your Legal Rights.
By Order of the Ontario Superior Court of Justice, persons resident in Canada who have purchased an oven designed, manufactured, and sold by Whirlpool Canada LP, Whirlpool Corporation, and Whirlpool Properties, Inc. (collectively the “Whirlpool Defendants”) with its proprietary “AquaLift® Self-Cleaning Technology” (“AquaLift Oven”) are advised that:
In May 2019, a proposed class proceeding was commenced in Ontario alleging that the Whirlpool Defendants have designed, manufactured, advertised, marketed, and sold a line of gas and electric stoves, ranges, and ovens with its proprietary “AquaLift® Self-Cleaning Technology” (“AquaLift Ovens”) using marketing that is false, deceptive, and misleading to reasonable consumers. The plaintiffs allege that this false advertising resulted in damage to purchasers of AquaLift Ovens, contrary to provincial consumer protection legislations, the Competition Act, and the Trade-marks Act.
In March 2020, the plaintiffs and their legal counsel (“Hodder, Wang LLP”) decided that the class action will no longer be pursued. They filed motion materials with the Ontario Superior Court of Justice to obtain approval of the discontinuance. The discontinuance was approved by the Court and took effect on April 23, 2020.
This discontinuance relates to the Whirlpool AquaLift Oven class action only. It does not relate to any of Whirlpool’s other oven products.
YOU SHOULD TAKE NOTICE THAT THE limitation period for bringing a claim, if there is any time left within it, started to run again on April 23, 2020. On the expiry of a limitation period a right to sue may be extinguished.
TAKE NOTICE THAT because the limitation period for bringing a claim has started to run again, if you wish to pursue a court claim against Whirlpool in relation to an AquaLift Oven, you should issue a Notice of Action or Statement of Claim forthwith, if you have not already done so.
If you have any questions about the discontinuance or the recommencement of the running of the limitation period, please contact Hodder, Wang LLP at:
HODDER, WANG LLP
130 Queens Quay East, Suite 1120
Toronto, Ontario M5A 0P6
J. GARDNER HODDER
(416) 601-1322 Fax
It is recommended that you obtain legal advice from Hodder, Wang LLP or a lawyer of your choice.