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Elevator Class Action

IMPORTANT NOTE:

This website has been developed to provide general information to potential class members on a number of class actions that have been commenced by Paliare Roland Rosenberg Rothstein LLP.

The site is not designed to answer questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as a substitute for individual legal advice.

The information collected about potential class members will assist counsel in prosecuting the class action and assessing what damages were suffered by the class as a whole. Providing the information requested does not make you the client of Paliare Roland Rosenberg Rothstein LLP. The court will ultimately decide who will be included as a class member.

Status

The Parties are exchanging motion materials for the Certification Motion, which is expected to be argued in the late Fall of 2010.  The materials will be uploaded and accessible on this website shortly.

For additional information, or to provide details of your experience in replacing the ThyssenKrupp sheave jammers, please email info@elevatorclassaction.com.

This website will be updated when significant events occur in this proceeding.

Last Updated July 2010

 

The Nature of the Claim

The ThyssenKrupp companies manufactured, sold and installed in elevators an emergency traction motor brake known as a “sheave jammer” or “sheave brake”.  By order of the Technical Standards Safety Authority, all owners of elevating devices in Ontario containing the ThyssenKrupp sheave jammers have replaced or must replace the defective sheave jammers with alternate emergency braking devices.

As a result, anyone with an affected elevator is or was required to replace the sheave jammer.

This proposed class proceeding alleges that the ThyssenKrupp companies, and not the elevator owner/operators, should be responsible for the costs associated with the sheave jammer replacements. 

The claim alleges that the defendants were negligent in the design, manufacture and installation of sheave jammers, and seeks damages accordingly.  In addition, many class members had a long term service contract with ThyssenKrupp.  Despite these contracts, ThyssenKrupp charged the owner/operators for the costs associated with replacing the sheave jammers.  The claim also alleges breach of contract in relation to these class members.

Click here to view a copy of the Fresh Amended Statement of Claim.

 

General Information on Class Proceedings

A class action is a lawsuit in which a representative plaintiff sues on behalf of a class of people who have similar claims.

Class members are not liable to pay any court costs if the action is unsuccessful. Legal fees are paid to counsel for the class on a contingency basis. This means that the legal fees are paid only if the lawsuit is resolved in favour of the class, either by settlement or judgment. If that happens, the fees will be paid out of the proceeds; but only after the amount is approved by the court.

If you own an elevating device that is or was fitted with a sheave jammer manufactured, sold or installed by the defendants, which requires replacement or was replaced as required by the TSSA safety orders, you are part of the proposed class.  You do not have to do anything to participate in the class action. If the class action is certified, you will automatically become a class member, and notice of certification will be published in a manner approved by the court.  The notice of certification will also include instructions regarding what you have to do, if you choose to opt out of the action.  Anyone who chooses to “opt out” of the class action is not bound by any settlement or judgment, and they do not get any of the proceeds of the action, if it is successful.

For more information about class actions, please see the “frequently asked questions” page on our website: http://www.paliareroland.com/classactions.asp.