Document 6593257
Transcription
Document 6593257
COURT FILE NUMBER Q.B.G. NO. 644 OF 2009 COURT OF QUEEN'S BENCH FOR SASKATCHEWAN JUDICIAL CENTRE REGINA REPRESENTATIVE PLAINTIFF KATHLEEN THORPE DEFENDANT HONDA CANADA INC. AFFIDAVIT AFFIDA VII OF CHRISTOPHER PERREIRA I, CHRISTOPHER PERREIRA, of the City of Toronto, in the Province of Ontario, MAKE OATH AND SAY THAT: 1. I am the Supervisor of Customer Relations Marketing at Honda Canada Inc. ("Honda Canada"). I have held this position throughout the period relevant to this affidavit. 2. As Supervisor of Customer Relations Marketing, I, along with Alvin Cheung (Engineering Analyst, Campaign Safety & Collision, of the Engineering Development department) was responsible for distribution of the Notices described in the Settlement Agreement. .., .). As the first step in distributing the Notices, I assembled a list ofthe names and postal addresses of all present and former owners and lessees of settlement class vehicles. This list was assembled using the same methodology that Honda Canada uses to deliver notices of safety recalls to consumers, as described in the Affidavit of Kenneth Dick sworn May 22, 2014 which was filed in support of the application for preliminary approval of the settlement. 4. In the result, Honda Canada generated a mailing list using multiple inputs: (i) its database of Vehicle Identification Numbers ("VINs") sold; (ii) a database of its customers; (iii) dealer data on customers whose vehicles they service; and (iv) further -2enhancements effected by an outside service provider, Retention Marketing Systems Inc. ("Retention Marketing") using publicly available records and proprietary address enhancement software (the "Mailing Database"). 5. I believe that the Mailing Database contains a comprehensive list of all names associated with each settlement class vehicle VIN and the best reasonably available address information for all names in that database. 6. The names and corresponding addresses associated with all settlement class vehicle VINs from the Mailing Database was delivered to Retention Marketing. 7. I am advised by Alvin Cheung and John Bishop at Retention Marketing and verily believe, that 187,636 envelopes containing the Notice and Claim form described in the Settlement Agreement (the "Notice Materials") and addressed to all known settlement class members from the Mailing Database were provided to Canada Post for mailing between July 7, 2014 and July 30, 2014. 8. As evidenced by the three invoices attached as Exhibit "A", the 187,636 envelopes were delivered to Canada Post for delivery by Canada Post to the addresses indicated. 9. As of September 17, 2014, 15,537 ofthese envelopes were returned to Honda Canada as undeliverable. 10. Although not required under the Settlement Agreement, Honda Canada had the Notice Materials translated into the French language. Copies of the Notice Materials in French were delivered to addresses of settlement class members located in the province of Quebec or if a customer has expressed that their preferred language of communication is French. -3- 11. I make this affidavit to at1est to Honda Canada's compliance with its obligations under the Settlement Agreement, and in support of an application for final approval of the ·settlement. SWORN BEFORE ME at the City of Markham, in the Province of Ontario, this I() day of October, 2014. ) ___., ~ ) ?~--) ) _ _ ____£._ _ _ _ _ _ _ _ _ __ CHRISTOPHER PERREIRA ~~A=~~0~~~. 7h7,_*~n:~L-IC_i_n_an_d_fu_r_t~-----~ Province of Ontario. 1 1 My Commission expires:.---t/'--f-f/7..:.74-~---- 0r Being a Solicitor CONTACT INFORMATION AND ADDRESS FOR SERVICE KANUKA THURINGER LLP Barristers and Solicitors 1400- 2500 Victoria Avenue Regina, Saskatchewan S4P 3X2 Address for Service: Same as above Telephone: (306) 525-7200 Fax:. (306) 359-0590 Lawyer in Charge of File: James S. Ehmann, Q.C./Keith D. Kilback 29513·0002/kl DM II 10039 v3 [Retention] MARKETING Honda Canada Inc. 180 Honda Boulevard Markham, Ontario L6C OH9 Attention: Mr. Alvin Cheung DATE: Tuly 81h, 2014 Re: INVOICE #: 1Tht1S 2696-01 Civic Class Action Mailing- HL81 Part 1 Receive all relevant data and run a full data cleanse Remove any non-applicable records (Honda Canada Inc, Honda Dealers, etc.). Format and prepare data for Mailing File 1.-62,517 Records to be mailed on July Th, 2014. To include randomly selected Canadian Records and all US Records Print and prepare sufficient 4 part Notices and 2 part Claim Forms in both English and French Provide plain #10 envelopes to be Ink Jetted with: Honda Canada Return address; UID Bar Code and Numerals; Postage Indicia; and outgoing Name and Address. Conduct letter shop based on using the language code found in the Honda file and insert language specific inserts into each envelope, seal and deliver to Canada Post $53,452.04 62,517 Records@ $0.855 Deliver to Canada Post on July 71h, 2014 HST@13% Total Terms: Payable on Receipt HST # 87891 9638 We thank you for yo/.lr business RETE:--.110:-; lvi.>.RKETT:.:G 5'tTE:".IS ]XC. 82 B~rkd~y Stre~t Studio Number 20l Toronto, Ontario, Canada, M5A 2W7 Tel: -H6-J68-2660 • Fax: ·H6-Jn8-5824 ~,948.77 $ 60,400.81 (RetentionJ1V1. ,\KETlNG Honda Canada Inc. 180 Honda Boulevard Markham, Ontario L6COH9 Attention: DATE: Re: i'vfr. Alvin Cheung Tulv 23cd, 2014 INVOICE#: R.lv1S 2696-02 Civic Class Action Mailing- HL81 Part 2 Receive all relevant data and nm a full data cleanse Remove any non-applicable records (Honda Ca11.ada Inc, Honda Dealers, etc.). Format and prepare data for Mailing File 2. - 62,583 Records to be mailed on July 18th, 2014. To include randomly selected Canadian Records Print and prepare sufficient 4 part Notices and 2 part Claim Forms in both English and French Provide plain #10 envelopes to be Ink Jetted with: Honda Canada Return address; UID Bar Code and Numerals; Postage Indicia; and outgoing Name and Address. Conduct letter shop based on using the language code found in the Honda file and insert language specific inserts into each envelope, seal and deliver to Canada Post 62,583 Records @ $0.855 Deliver to Canada Post on July 18th, 2014 HST@ 13% Total Terms: Payable on Receipt HST # 87891 9638 We thank you for your business RETE:-..IIOC\i "-l..>.RKET!~G SHE:\ IS (>:C. 82 Bt!rkeley Street Studio Number 201 Toronto, Ontario, Canada, !1-15.-\ 2~V7 Tel: ·116-368-2660 • Fax: -!16-368-582-l 6,956.10 $ 60,464.57 [Retention} MARKETING Honda Canada Inc. 180 Honda Boulevard Markham, Ontario L6C OH9 Attention: Mr. Alvin Cheung DATE: Tulv_ 31st. 2014 Re: INVOICE #: RivlS 2696-03 Civic Class Action Mailing- HL81 Part 3 Receive aU relevant data and nm a full data cleanse Remove any non-applicable records (Honda Canada Tnc, Honda Dealers, etc.). Format and prepare data for Mailing File 3- Final File- 62,536 Records to be mailed on July 30th, 2014. To include the balance of all Canadian Records Print and prepare sufficient 4 part Notices and 2 part Claim Forms in both English and French Provide plain #10 envelopes to be Ink Jetted with: Honda Canada Reh1m address; UID Bar Code and Numerals; Postage Indicia; and outgoing Name and Address. Conduct letter shop based on using the language code found in the Honda file and insert language specific inserts into each envelope, seal and deliver to Canada Post 62,536 Records - Balance of the file - @ $0.855 $53,468.28 Deliver to Canada Post on July 301h, 2014 HST®13% Total Terms: Payable on Receipt HST # 87891 9638 We tlzank you for your business RETE><"TID~'< 1vi.\RKETt;-.;c S"YTE~Is r~c. 82 Berkeley Street Studio Numbt!r 201 Toronto, Ontario, Canada, tvl5.-\ 2W7 Tel: Ho-368-2660 • Fax: ·Ho-368-582-! 6,950.88 $ 60,419.16