- What is this Class Action about?
- What is a Class Action?
- Who can receive benefits under this Class Action
- What are the terms of the proposed Settlement Agreement?
- How can I opt out of the Settlement Agreement?
- How can I object to or comment on the Settlement Agreement?
- When is the Settlement Agreement Approval Hearing?
- Do I have a lawyer in the case?
- How will the lawyers be paid?
- How do I obtain more information?
▴1. What is this Class Action about?
The Class action is about a recall that was announced by IKEA on June 28, 2016 regarding Chests of Drawers that did not meet the North American ASTM standard requirements on free-standing stability (as per the online recall at: http://www.IKEA.ca/saferhomestogether).
The Defendants deny any wrongdoing or liability. Nonetheless, a Settlement Agreement has been reached whereby all claims by those who purchased the recalled chests of drawers will be settled (the "Settlement Agreement").
A virtual Court hearing to approve the Settlement Agreement has been scheduled for June 30, 2021 at 9:30am EST at the Montreal Courthouse at 1 Notre-Dame Street East, Montreal, Quebec, H2Y 1B6 (room 17.09) or virtually.
▴2. What is a Class Action?
In a class action, the Plaintiff acts as "Representative Plaintiff" and sues on behalf of themselves and other people who have similar claims. This group of people is called the "Class," and the people in the Class are called "Class Members." One court resolves the issues for all Class Members. The lawyers who act for the Representative Plaintiff are called "Class Counsel".
In this Class Action, the Court appointed Dan Abicidan to serve as Representative Plaintiff and appointed LPC Avocats Inc. (Mtre Joey ZuKran) to serve as Class Counsel. Superior Court of Québec Court File No. 500-06-000797-163.
▴3. Who can receive benefits under this Class Action?
Class Members eligible for Settlement Benefits are all persons who, between January 1, 2002 and June 28, 2016, purchased the following models of IKEA’s children Chests of Drawers taller than 60 cm (23½ inches), or adult Chests of Drawers taller than 75 cm (29½ inches), recalled by IKEA Canada, and who did not validly opt out of the Settlement Agreement.
Askvoll, Brimnes, Brusali, Busunge, Hemnes, Hurdal, IKEA Ps 2012, Koppang, Kullen, Malm, Nornas, Stockholm, Stuva, Sundvik, Tarva, Trogen, Trysil, Tyssedal, Undredal, Alesund, Alleby, Alvesta, Aneboda, Angus, Ânes, Arup, Askedal, Aspelund, Balstar, Bankeryd, Bergsmo, Bialitt, Birkeland, Blimp, Boj, Brett, Boksta, Bjorn, Borkvalla, Diktad, Edland, Elis, Engan, Eksil, Fjell, Fjord, Flaten, Fridolin, Granâs, Gute, Haddal, Hajdeby, Hensvik, Herrestad, Holleby, Hovdal, Hopen, Hosteland, Kabin, Kirkenes, Knot, Kusk, Kurs, Kviby, Leksvik, Lo, Lomen, Mac, Mast, Mammut, Mandal, Merâker, Midsund, Natura, Narvik, Nordli, Nordnes, Nyvoll, Ottenby, Rakke, Ramberg, Ranvik, Rodd, Robin, Rustik, Sala, Skarnes, Sandefjord, Stranda, Sveio, Stavanger, Tassa, Tovik, Trandum, Trondheim, Varde, Vajer, Vallvik, Vestby, Vinstra, Visdalen, Vollen (hereinafter the "Chests of Drawers").
▴4. What are the terms of the proposed Settlement Agreement?
The Settlement Agreement provides the following options to eligible Class Members subject to the terms and conditions stipulated therein.
A. Recall Benefits
IKEA has already launched a voluntary recall on June 26, 2016, which is still in force, as per the following website: (http://www.IKEA.ca/saferhomestogether). The Recall Benefits are therefore still provided to all Class Members:
- Free anchoring kit. Class Members could visit IKEA Canada retail locations for a free wall anchoring kit to use with the Chests of Drawers. To receive the anchoring kit for free by mail, Class Members could contact IKEA Customer Support Centre at 1-800-661-9807.
- Free in-home anchoring kit installation service. Class Members could install the kit themselves or contact IKEA Customer Support Centre at 1-800-661-9807 for a one-time free in-home anchoring kit installation service.
- Full Refund (Chests of Drawers manufactured between January 2002 and June 2016). Class Members who do not wish to secure the affected IKEA Chests of Drawers manufactured between January 2002 and June 2016 to the wall could return them to any IKEA location for a refund.
- Partial Store Credit (Chests of Drawers manufactured prior to January 2002). Class Members with Chests of Drawers manufactured prior to January 2002 will be eligible for a partial store credit.
- Limit of six (6) Chests of Drawers per Class Members. For all the Recall Benefits detailed above, there is a limit of six (6) Chests of Drawers per Class Member.
B. Pickup Service
In addition to the Recall Benefits detailed herein above, IKEA will offer a Pickup Service to Authorized Claimants in Quebec who are not able, for whatever reason, to return their Chests of Drawers to an IKEA store. The Pickup Service can be requested during sixty (60) days following the publication of the Notice of Settlement.
- Pickup Service Procedure. Class Members can call the IKEA Customer Support Centre at 1-888-444-5596 for a free Pickup service in Quebec.
- Class Members will be asked to provide a proof of purchase of their Chests of Drawers through a Claim Form which will indicate: (1) the name of the Class Member or the residential address of the Class Member; (2) the location of the store in Quebec at which the Class Member purchased his/her Chests of Drawers; and (3) the amount paid for the Chests of Drawers. IKEA will retain its right to reject the Pickup Service or the Recall Benefits if an inquiry determines that the amount in the document was used to purchase items other than a Chest of Drawers.
- The Pickup service will be scheduled to valid claimants after the Settlement is approved
- Limit of one (1) Pickup per Residence and six (6) Chests of Drawers per Pickup. For the Pickup Service detailed above, there is a limit of one (1) Pickup per residence and a limit of six (6) Chests of Drawers being picked up per address.
- After the Chests of Drawers have been picked up, for those manufactured between January 2002 and June 2016, the Authorized Claimant will receive a refund card which can be presented in an IKEA store for conversion to the original method payment (for example: credit card or cash or by a refund to a credit card initiated over the phone and completed through a secure portal. A refund card can also be used at any IKEA store in Canada) ("Refund Card"). For IKEA Chests of Drawers manufactured prior to January 2002, the Authorized Claimant will receive a Partial Store Credit.
- Avoiding Fraudulent Claims. To avoid inviting fraudulent claims, the claim made by anyone who already received a Refund or Partial Store Credit in the past under Recall Benefits will be rejected by the Claims Administrator.
▴5. How can I opt out of the Settlement Agreement?
You must submit the Opt-Out Form to the Clerk of the Superior Court of Quebec by registered or certified mail, postmarked no later than June 28, 2021 at 23h59, to the following address:
Superior Court of Quebec
Class Action Division
Montreal Courthouse, 1 Notre-Dame Street East,
Montreal, Quebec, H2Y 1B6
Court File No. 500-06-000797-163
▴6. How can I object to or comment on the Settlement Agreement?
You can object to or comment on the proposed Settlement in writing or you may appear in person, or through your attorney, at the Approval hearing on June 30, 2021. If you appear through your own attorney, you are responsible for paying that attorney’s fees and disbursements.
To object or comment, you must submit your comments or notice of objection to the Class Counsel, using the following information, postmarked no later than June 28, 2021:
Mtre. Joey Zukran
LPC AVOCATS INC.
276 Saint-Jacques Street, Suite 801
Montreal, Quebec, H2Y 1N3
Tel: 514-379-1572; Fax: 514-221-4441
Your submission must include the following:
- A heading indicating the following information: Abicidan v. IKEA Canada Limited Partnership, 1137446 Ontario Inc., IKEA Limited, IKEA Properties Limited and Inter IKEA Systems B.V., Superior Court of Quebec, court file no: 500-06-000797-163;
- Your full name, telephone number(s), email address(es), and residential address;
- 3. If represented by counsel, the full name, telephone number, email address and address of all counsel;
- A detailed statement of your objection, including the grounds for the objection together with any evidence that you think supports it;
- Confirmation as to whether you intend to appear at the settlement approval hearing on your behalf or through counsel;
- Your dated and handwritten or electronic signature.
▴7. When is the Settlement Agreement Approval Hearing?
The Court will hold an approval hearing on June 30, 2021, at 9:30AM, at the Montreal Courthouse at 1 Notre-Dame Street East, Montreal, Quebec, H2Y 1B6 (room 17.09) or virtually.
▴8. Do I have a lawyer in the case?
Yes. The Court appointed Mr. Abicidan to represent the members of the Group. The law firm of LPC Avocats Inc. (Mtre Joey ZuKran) represents Mr. Abicidan and all the Class Members. This firm is called Class Counsel. You will not be charged for its services in this case.
▴9. How will the lawyers be paid?
As an individual, you do not have to pay the Class Counsel any money. Class Counsel will ask the Court for their fees to be paid separately by IKEA. Such fees will not reduce the Compensation offered under the Settlement to the Class Members.
▴10. How do I obtain more information?
More details about the Settlement are in the Settlement Agreement, the Distribution Protocol, and other important case documents which can be found here. You can also get a copy of these and other documents at www.lpclex.com/ikea. If you have questions, you can contact the Representative’s lawyers, the law firm LPC Avocat Inc., by mail, email or phone.
Mtre Joey Zukran
LPC Avocats Inc.
276 Saint-Jacques Street, Suite 801
Montreal, Quebec, H2Y 1N3