Official Settlement Information Website
Canadian Electrolytic Capacitor Class Actions
Did you purchase electrolytic capacitors or products containing electrolytic capacitors, such as a computer, a smartphone or a television, between September 1, 1997 and December 31, 2014 (the “Class Period”)? If so, your legal rights could be affected.
CLASS ACTIONS ARE UNDERWAY ACROSS CANADA, WHICH ALLEGE OVERCHARGES FOR ELECTROLYTIC CAPACITORS, OR PRODUCTS CONTAINING ELECTROLYTIC CAPACITORS, PURCHASED DURING THAT TIME (the “Electrolytic Capacitor Class Actions”).
AM I A CLASS MEMBER?
If you are a Canadian resident and purchased electrolytic capacitors or products containing electrolytic capacitors during the Class Period, you are a settlement class member (“Electrolytic Settlement Class Member”) in one of three Electrolytic Capacitor Class Actions being pursued jointly across Canada: 1) a British Columbia action for residents of British Columbia, 2) a Québec action for residents of Québec, 3) an Ontario action for the residents of Ontario and the rest of Canada.
NEW SETTLEMENTS
Recent settlement agreements have been reached with: Matsuo Electric Co., Ltd. (“Matsuo”) and Rubycon Corporation and Rubycon America Inc. (“Rubycon”) in the Electrolytic Capacitors Class Actions.
Matsuo and Rubycon have respectively agreed to pay CAD $1,175,000 and CAD $7,300,000 for the benefit of Electrolytic Settlement Class Members.
In addition, Matsuo and Rubycon have agreed to provide cooperation to the plaintiffs in pursuing their claims against the non-settling defendants. In exchange, they will be provided with a full release of the claims against them in relation to the Class Actions. The settlements are not admissions of liability, fault, or wrongdoing, but are compromises of disputed claims.
WHAT DO I HAVE TO DO NOW?
Settlement money will not be distributed now, as the case is still ongoing.
The Court must now determine whether the Matsuo and Rubycon settlements are fair, reasonable and in the best interests of Electrolytic Settlement Class Members.
Separate motions to approve the settlements are scheduled to be heard at:
● the Ontario Superior Court of Justice on April 22, 2025 at 9:00 am, by virtual hearing;
● the Supreme Court of British Columbia on May 7, 2025
STATUS OF THE CLASS ACTIONS
Previous Settlements
Prior settlements were reached and approved by the Courts with the following defendants in the amounts of:
| Nippon Chemi-Con Corporation and United Chemi-Con, Inc. (collectively “NCC/UCC”) | CAD $20,900,000 |
| ROHM Co., Ltd. and ROHM Semiconductor U.S.A., LLC (f/k/a ROHM Electronics U.S.A., LLC) (collectively “ROHM”) | CAD $450,000 |
| Fujitsu Ltd. and Fujitsu Canada, Inc. (collectively “Fujitsu”) | CAD $465,000 |
| KEMET Corporation and KEMET Electronics Corporation (collectively “KEMET”) | CAD $6,200,000 |
| Nichicon Corporation and Nichicon (America) Corporation (collectively “Nichicon”) | CAD $14,150,000 |
| NEC TOKIN Corporation and NEC TOKIN America Inc. (collectively, “Tokin”) | CAD $2,900,000 |
| Panasonic Corporation, Panasonic Corporation of North America, Panasonic Canada Inc., and Sanyo Electric Co., Ltd. (collectively, “Panasonic”) | CAD $5,950,000 |
| ELNA Co., Ltd. and ELNA America Inc. (collectively, “ELNA”) | CAD $2,475,000 |
| Holy Stone Enterprise Co., Ltd., Vishay Polytech Co., Ltd. f/k/a Holy Stone Polytech Co., Ltd., Milestone Global Technology, Inc. d/b/a Holy Stone International, Holy Stone Holdings Co., Ltd., and Vishay Intertechnology, Inc., (collectively “Holy Stone”) | CAD $790,000 |
The settlement funds recovered to date are being held in an interest-bearing trust account for the benefit of Electrolytic Settlement Class Members.
In addition to the settlement amounts, all of the previously settled defendants listed above have also provided cooperation to the plaintiffs in pursuing their claims against the non-settling defendants. In exchange they have been provided with a full release of the claims against them in relation to the Electrolytic Capacitors Class Actions. The settlements are not admissions of liability, fault or wrongdoing, but are compromises of disputed claims.
Certification / Authorization of the Proceedings
In Québec, the class action with respect to electrolytic capacitors was authorized by the Superior Court of Québec on March 22, 2019. This means that the class action can proceed towards a trial against the non-settling defendants and the common issues (as defined in the authorization judgment) will be determined in a single proceeding on behalf of all the members of the authorized class.
A motion for certification of the Ontario electrolytic class action was heard by the Ontario Superior Court of Justice over several days between September 28, 2022 – October 7, 2022. On April 28, 2023, the Ontario Superior Court of Justice certified the Ontario electrolytic action. The non-settling defendants have sought leave to appeal the certification decision.
HOW DOES THIS RELATE TO THE “FILM” CAPACITOR CLASS ACTIONS WHICH ARE UNDERWAY ACROSS CANADA?
The lawyers representing Electrolytic Settlement Class Members in the Electrolytic Capacitor Class Actions also represent Film Settlement Class Members in the Film Capacitor Class Actions underway across Canada.
Electrolytic and film capacitors are used to store energy in electric circuits. They are used in similar types of electronic products, but are made from different materials, and in some cases by different manufacturers.
If you are a purchaser of electronic products, you may be a class member in both actions, and should inform yourself of important updates in both cases. Please click here for more information on the Film Capacitors Class Actions.
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