IKO Organic Shingle Class Action

Eligibility Criteria

For some class members the deadline for filing a claim has passed. The eligibility criteria has been updated to include only those class members whose deadline for filing a claim has not passed.

Who is eligible to receive Settlement Benefits?
Who is a Class Member?
How do I know if I have IKO Organic Shingles?
Is my particular brand of shingles included in the settlement?
What constitutes Qualifying Damage?
How can I determine if I have Qualifying Damage?
If I sign the IKO Offer/Release, can I still qualify for Settlement Benefits?

Who is eligible to receive Settlement Benefits?
You may be eligible to receive Settlement Benefits if you satisfy all of the following requirements:
1. You are a class member;
2. You submit a timely and complete claim, together with all required supporting documents;
3. Your IKO Organic Shingles were installed after June 30, 1997;
4. On or after December 18, 2007, you received an IKO Offer/Release or a Canadian court (including a small claims court) finds or has found that you are entitled to benefits under the strict express written terms of the Applicable IKO Limited Warranty in relation to your IKO Organic Shingles. In limited circumstances, subsequent owners can also apply to receive Settlement Benefits if your warranty claim was denied. (see below for more information);
5. The warranty claim or court action must have been made prior to:
6. You have not released your claim as part of a settlement of a legal action or court adjudication. (Note: persons who signed an IKO Offer/Release as part of a resolution of a warranty claim before a legal action was started and who experienced Qualifying Damage may still be eligible to received Settlement Benefits);
7. You did not receive warranty benefits from IKO in accordance with the “Iron Clad Protection”, as set out in the Applicable IKO Limited Warranty (typically 3 to 5 years after the application of the IKO Organic Shingles depending on the Applicable IKO Limited Warranty);
8. You received or receive an IKO Offer/Release dated on or after February 11, 2018 and your IKO Organic Shingles required or require replacement due to “Qualifying Damage”
Subsequent Owners: You may also be eligible to receive Settlement Benefits if you satisfy all of the following requirements:

(i) you made a warranty claim after December 18, 2007;

(ii) your IKO Warranty Claim was denied on the basis both that you are a subsequent owner and a notification of request to transfer the IKO warranty was not received by IKO in accordance with the terms of the Applicable IKO Limited Warranty;

(iii) you satisfy the Claims Administrator that the facts and circumstances surrounding your IKO Warranty Claim were otherwise covered by the strict express written terms of the Applicable IKO Limited Warranty; (iv) your IKO Organic Shingles required repair or replacement due to: cracking through the entire shingle or an area of complete loss of topcoat exposing the underlying felt greater in size than a Quarter; and

(v) you satisfy the other eligibility requirements in #1, 2, 3, 5, 6, and 7 above.

To qualify on this basis, you must satisfy the other provisions relating to the transfer of the Applicable IKO Limited Warranty which may include:

a) restrictions on the number of subsequent property owners following the installation of the IKO Organic Shingles;

b) timing restrictions whithin which the real estate transfer occurred following the installation of the IKO Organic Shingles; and

c) timing restrictions within which a claim must have been filed after the real estate transfer.

If you are still unsure about whether or not you qualify, you should file a claim and have the Claims Administrator make a determination of your eligibility.
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Who is a Class Member?
You are affected by the class action if you fall within the certified class and have not excluded yourself from the Class (have not previously opted out). The certified Class is defined as all persons that own or have owned, lease or have leased buildings in Canada that contain or have ever contained IKO Organic Shingles.
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How do I know if I have IKO Organic Shingles?
There are several ways in which you may be able to determine if you have IKO Organic Shingles:

(a) Check your receipts, invoices, brochures, etc. from when you purchased your shingles;

(b) Contact the contractor or company that installed your shingles;

(c) Ask an experienced roofer; or

(d) File a warranty claim with IKO or, if you have already filed a warranty claim, check your warranty claim documents.
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Is my particular brand of shingles included in the settlement?
The class action relates only to IKO Organic Shingles whether sold under the following names or otherwise:

IKO Organic Shingles have not been manufactured since 2008 and have not been sold since 2010.

This litigation does not pertain to and the settlement does NOT affect owners/lessees of buildings with IKO fiberglass shingles (some of which have been sold under the same brand names listed above for IKO Organic Shingles).
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What constitutes Qualifying Damage?
“Qualifying Damage” means the following conditions:

(a) cracking through the entire shingle;

(b) an area of complete loss of topcoat exposing the underlying felt greater in size than a Quarter; or

(c) a leak of water through the IKO Organic Shingles and Roof Deck.

Not all approved warranty claims relate to Qualifying Damage. Warranty claims are sometimes approved where there is no Qualifying Damage as defined in the Settlement Agreement. For this reason, you might have an approved warranty claim, but not be eligible for Settlement Benefits.
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How can I determine if I have Qualifying Damage?
If you filed a warranty claim before July 2017, you should review any documents, photographs and/or removed shingles that you retained and review them for evidence of Qualifying Damage.

If you are uncertain whether you have Qualifying Damage, you can still file a claim for Settlement Benefits and the Claims Administrator will make the determination. You may be asked by the Claims Administrator to provide any documents that establish that you have Qualifying Damage. As part of the settlement claim process, IKO is required to provide specified electronic information regarding your warranty claim. If you do not have documents that establish that you have Qualifying Damage, it is possible that IKO may have electronic information that will assist in determining whether you had Qualifying Damage. The Claims Administrator (an independent third party) can consider your submitted information and any electronic information provided by IKO in determining whether you have Qualifying Damage.

If you file a warranty claim after July 2017, your IKO Offer/Release may advise that IKO feels it has sufficient information to conclude, based on the information provided, that the IKO Organic Shingles at issue exhibit cracking through the entire shingle or an area of complete loss of topcoat exposing the underlying felt greater in size than a Quarter. Any IKO conclusion (or lack of a conclusion) in this regard is not determinative of your settlement claim. The Claims Administrator (an independent third-party) will be responsible for determining whether you have Qualifying Damage.
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If I sign the IKO Offer/Release, can I still qualify for Settlement Benefits?

Class Members who received an IKO Offer/Release dated on or after July 25, 2017 may still qualify for Settlement Benefits in addition to any warranty benefits that may be available after signing the IKO Offer/Release. The warranty benefits will be in addition to any Settlement Benefits.

In order to qualify for Settlement Benefits, you must otherwise satisfy the Eligibility Criteria under the settlement.

Class Members who received an IKO Offer/Release dated on or after May 28, 2016, but before December 11, 2017 had until March 11, 2018 to sign the IKO Offer/Release in order to receive warranty benefits. The warranty benefits will be in addition to any Settlement Benefits. See #8 of the Notice for more information.
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