Class action certified against ThyssenKrupp Elevator (Canada) Limited and ThyssenKrupp Northern Elevator Corporation carrying on business under the names "ThyssenKrupp Northern Elevator" and "ThyssenKrupp Elevator"

TORONTO, Feb. 29, 2012 /CNW/ - A class action has been certified by the Ontario Superior Court of Justice in a class action brought by Toronto Community Housing Corporation and others, against ThyssenKrupp.  The class action arises as a result of a safety order issued by the Technical Standards and Safety Authority ("TSSA") in December 2006. Pursuant to TSSA Director's Order 207/06, all owners of traction elevating devices that had been equipped with a ThyssenKrupp sheave jammer were required to remove the sheave jammers and replace them with an alternative form of emergency secondary braking protection.  The average cost of replacement was approximately $12,000, and approximately 2000 elevators were affected by the Director's Order.

In the class action, the plaintiffs allege that the sheave jammers were dangerous and defective, and that they were negligently designed, manufactured, sold or installed by the defendants.  The plaintiffs seek, on behalf of the class, reimbursement for the costs they incurred to replace the sheave jammer with an alternative, reliable secondary braking device.  In addition, the plaintiffs allege that ThyssenKrupp Elevator (Canada) Limited breached its maintenance contracts with some of the class members because it refused to remove and replace the sheave jammers without charge under the terms of its elevator maintenance agreements.

None of the allegations have been proven in court, and the defendants deny liability.

The Class is comprised of all persons in Ontario who owned or own an elevating device that was fitted with a traction motor brake, known as a sheave jammer or sheave brake, designed, manufactured, sold or installed by any of the Defendants, that was replaced as required by TSSA Director's Order 207/06 with an alternative form of emergency ascending car overspeed (ACO) and uncontrolled car movement (UCM) protection, and incurred remediation expenses as a result.  Claims made by customers who were reimbursed by Tarion Warranty Corporation are included in this class action with respect to Tarion's subrogated claims.

Further information regarding the class action is available on Class Counsel's website at http://www.paliareroland.com/Elevator-Class-Action.asp

Margaret Waddell and Odette Soriano
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