Q. Who is in the settlement class?
Consumers who purchased in Quebec five or more Canada Dry Ginger Ale soft drinks at any time between January 14, 2016 to November 11, 2020.
Q. How do I object?
So long as you do not opt out, you may object to the settlement by explaining to the Court that you think the proposed settlement terms are unfair. Those who object to the settlement will remain part of the Settlement Class and will lose any right to sue in relation to the Released Claims.
If you wish to object to the proposed settlement, you must send a written notice of objection to class counsel by e-mail to JZUKRAN@LPCLEX.COM by no later than 5 pm Eastern on February 1, 2021. Any attempt to object after this time will not be valid. Your written objection should include: (a) your name, address, e-mail address and telephone number; (b) a brief statement of the reasons for your objection; and (c) whether you plan to attend the hearing in person or through a lawyer, and if by lawyer, the name, address, e-mail address and telephone number of the lawyer.
Settlement Class Members who do not oppose the proposed settlement need not appear at the settlement approval hearing or take any other action at this time.
Q. What does the settlement provide?
If the Settlement is approved, Defendants agree to make available the total amount of $650,000 (the “Total Settlement Cap”) to be used to: a) compensate Settlement Class Members who timely submit valid Claim Forms; (b) pay all costs and expenses related to the settlement including without limitation the costs of the Claims Administrator (as defined in the Settlement Agreement) and Plaintiff’s Class Counsel’s fees ($195,000 plus taxes) and disbursements ($15,000 plus taxes), subject to the Court’s approval; (c) reimburse the Fonds Disbursement ($30,830.50); and (d) pay the Plaintiff’s disbursement and honorarium of up to $5,000, subject to the Court’s approval. Settlement Class Members who submit a valid and timely Claim Form may receive compensation (in the form of an Interac e-Transfer) of up to $7.50 per Settlement Class Member. Under the terms of the settlement, certain conditions may lead to Settlement Class Members with valid claims receiving less than this amount. For example, the compensation available will be reduced proportionately among all Settlement Class Members with valid claims if the total amount of eligible claims exceeds the Total Settlement Cap minus the costs and expenses of the settlement. In order to receive compensation from the Settlement, Settlement Class Members must have a valid e-mail address and a bank account capable of receiving payments via Interac e-Transfer.
Q. How do I opt out?
If you do not wish to be part of the Class Action and bound by the Settlement Agreement, you may opt out of the Settlement Class by 5pm Eastern on February 1, 2021 (the “Opt Out Period”) by informing the clerk of the Court of your choice to opt out. Any attempt to opt out after this time will not be valid. If you opt out of the class action, you will not be eligible to receive any compensation from the settlement but you will retain the right to sue on an individual basis in relation to the Released Claims. Your signed request of exclusion must contain all of the following information:
1. The name and Court docket number of this case, which is: Zouzout v. Canada Dry Mott’s Inc. and Keurig Dr Pepper Inc. (500-06-000968-194);
2. Your name, address, phone number(s) and email address; and
3. Specific confirmation that you wish to exclude yourself (opt out) of the Class Action against Canada Dry and the Canada Dry Settlement Agreement.
The request for exclusion (opt out) must be sent by mail to the Court at the following address:
TO: Greffe de la Cour supérieure du Québec
PALAIS DE JUSTICE DE MONTRÉAL
1 Notre-Dame Street East
Montréal (Québec) H2Y 1B5
If you do not timely and properly opt out of the class action within the Opt Out Period, you will irrevocably be bound by all the terms and conditions of the Settlement Agreement in the event it is approved by the Court.
Q. When will the settlement be approved?
The settlement approval hearing will take place on March 16, 2021 at 9:15 a.m. in room 2.08. of the Montreal courthouse.
Q. How do I qualify for compensation?
If you are a Settlement Class Member, to ask for compensation, you must: (1) provide your e-mail address at www.canadadrysettlement.ca by 5 pm Eastern on January 15, 2021; and (2) complete and submit an online Claim Form by the Claim Form Due Date (to be determined by the Court following the approval hearing) attesting to its contents under penalty of perjury.
Q. What happens if the settlement is approved?
If the proposed settlement is approved, it will be binding on the Settlement Class except those who timely and properly opt out. If you opt out, you will not be eligible to receive any compensation from the settlement but you will retain the right to sue on an individual basis in relation to the Released Claims. Settlement Class Members who do not opt out will be subject to the releases in the Settlement Agreement regardless of whether or not they submit a Claim Form or ultimately receive any compensation from the settlement.