Thomas Toys Lead Paint Class Action

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NOTICE OF CERTIFICATION AND SETTLEMENT APPROVAL IN THE MATTER OF INDIVIDUALS WHO PURCHASED OR OTHERWISE ACQUIRED A RECALLED LEARNING CURVE “THOMAS AND FRIENDS WOODEN RAILWAY” TOY PRIOR TO OCTOBER 10, 2007, OTHER THAN FOR RESALE

TO: All individuals in Canada who purchased or otherwise acquired a recalled Learning Curve “Thomas and Friends Wooden Railway” Toy prior to October 10, 2007, other than for resale.

Class Action Certification and Settlement Approval: A class action lawsuit was commenced in Saskatchewan against the Defendants, RC2 Corporation, TOMY Company, Ltd. and TOMY Holdings Inc., claiming that the Defendants are liable to individuals who purchased or otherwise acquired recalled Settlement Toys prior to October 10, 2007, other than for resale. The Plaintiff contended that the Settlement Toys contained harmful levels of lead in their surface paint.

Settlement Benefits: The Settlement Agreement provides for the payment of amounts/vouchers to “Class Members” who purchased or otherwise acquired recalled Settlement Toys prior to October 10, 2007, other than for resale. A complete listing of the Settlement Toys can be found in Schedule “E” to the Settlement Agreement or thru the link below.

In order to receive a Settlement Award, you must submit by postal mail [or fax] the required Claim Form, which can be found below, by January 24, 2019.

The settlement represents a resolution of disputed claims. The Defendants do not admit any wrongdoing or liability.

If you have any questions, please email toys@merchantlaw.com or call 1-306-791-2189

[Opting Out: If you do not wish to seek compensation as a member of the Settlement Class, you can exclude yourself from this Settlement by filing a ‘written request to opt out’. If you opt out, you will not be eligible to receive a Settlement Award(s), nor to participate in the settlement in any way. The written request to opt out must include your name, address and telephone number, along with a request to be excluded from the Thomas and Friends Wooden Railway Settlement Proceedings, and must be sent to the following address, received or post-marked no later than December 10, 2018: Thomas and Friends Wooden Railway Settlement Proceedings, 100 – 2401 Saskatchewan Drive, Regina, Saskatchewan, S4P 4H8; Fax: (306) 522-3299; Attention: Linh Pham]

Click the links below for additional documentation

Claim Form  – if you wish to seek compensation, please fill out and submit by postal mail a signed Claim Form by no later than January 24, 2019

Executed Settlement Agreement  

Approval Order of Certification and Settlement

Notice of Approval of Certification and Settlement (short form)

Notice of Approval of Certification and Settlement (long form)

List of Toys Included