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ICBC • Lawyer • Vancouver • Injury • Disability • Claims

Shell Class Action Settlement

Shell has agreed to settle the class action subject to the approval of the British Columbia and Ontario Courts. The settlement was approved by the Honorable Madam Justice Brown of the British Columbia Supreme Court on December 12, 2003. On January 7, 2004, the settlement was approved by the Honorable Mr. Justice Winkler of the Ontario Superior Court of Justice.

In his endorsement of the settlement Justice Winkler stated that the settlement "is imaginative and user friendly. It provides fair compensation given the risks and the issue of proof of causation. It is fair, reasonable and is in the best interest of the class as a whole. The claims process is especially easy and flexible and the counsel fee does not reduce the benefits."

If you are a class member who has suffered a loss due to the use of Shell gasoline, complete and forward the Claim Form to the address shown on the form.

For further information call Shell Oil at 1-866-691-2697.

You can view Shell Canadas news release here.

Claim Form (pdf 46 KB)
Settlement Document (pdf 24 KB)
Legal Notice (pdf 13 KB)

Class Action History

Dorothy Young, is a student and resides in the City of Port Alberni, in the Province of British Columbia. Ms. Young has sued Shell for damages she claims is related to tainted gas provided by Shell Canada. Between August 31, 2000 and April 2002, Ms. Young had purchased and placed in her vehicle, exclusively, Shell Bronze fuel from Shell gasoline retailers.

As a result of placing Shell Bronze fuel in her car, the car began to malfunction and broke down. Ms. Young claims the Shell Bronze fuel caused or materially contributed to the malfunction of the her car.

Ms. Young alleges that Shell Canada was negligent as follows:

• Refining or processing an automobile fuel using substandard techniques or technology;
• failing adequately, or at all, to warn or inform the Plaintiff or other purchasers of Shell Bronze fuel that it was defective, when the Defendant knew or reasonably ought to have known about those defects;
• failing adequately or at all to test Shell Bronze fuel prior to selling the Shell Bronze fuel for automotive use;
• failing adequately to monitor and/or maintain quality control over the refining manufacturing, storage, or other relevant process;
• failing to monitor the Shell Bronze fuel's post sale qualities of reliability, longevity and function through the use of the consumer, vendor, and other automotive industry sources of information.

Ms. Young seeks to represent the following class of persons:

All individuals resident in British Columbia and other provinces and territories of Canada who suffered loss as a result of the use of defective Shell Bronze fuel from the Defendant.

Particulars of the loss and damage suffered by the Plaintiff and the Class which were caused or contributed to by the negligent acts or omissions of the Defendant include:

• the cost of replacing the defective Shell Bronze fuel;
• the cost of repairing the damage caused by the defective Shell Bronze fuel;
special damages, loss and expense.

Counsel for the class were Hanson Wirsig Matheos and Klein Lyons.