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    Savoie v. Compagnie Pétrolière Impériale Ltée, Pétro-Canada, Shell Canada et Ultramar Ltée

    Illegal concertation by the Oil Companies to fix the price of their products

    On January 10, 2007, Mrs Catherine Savoie filed a Motion for authorization to institute a class action against Shell Canada, Imperial Oil, Ultramar and Petro-Canada. This class action has come to an end.

    The Motion alleges that the Defendants illegally concerted themselves in order to fix the price of their products by increasing it by 1,3 cent per litre under the pretext of protecting themselves from the imposition of a tax announced by the Quebec Government to finance its sustainable development plan, even though the tax was not yet payable. The Petitioner seeks damages equivalent to the 1,3 cent per litre surcharge as well as exemplary damages.

    The proposed class is the following:

    All persons who bought oil products in the province of Quebec since December 30, 2006 in a gas station belonging or displaying the banner of one of the Defendants;

    On November 7, 2008, the Quebec Superior Court authorized the class action.

    On February 8th 2016, the Plaintiff Catherine Savoie and the Defendants Compagnie Pétrolière Impériale ltée, Petro-Canada, Shell Canada and Ultramar ltée, collectively referred as “the parties”, have reached a settlement in the amount of $ 640,000.00. This agreement aims to settle the class action permanently.

    Since it would be impracticable, inappropriate or too costly to proceed to the individual liquidation of the class members’ claims, the parties have agreed that the amount of the settlement should be attributed to the Fonds vert du Gouvernement du Québec and to an organization designated by the Plaintiff, with the consent of the Defendants. The allocation of the amount to the Fonds vert du Gouvernement du Québec and to the designated organization will be carried out after deducting the cost of notices, the costs related to the administration of the settlement, the Class Counsel’s legal fees and disbursements approved by the Court and the levy of the Fonds d’aide aux actions collectives.

    This settlement has been approved by the Court on June 6th 2016. The money from the settlement was distributed.