Revolution 650 UPDATES:
UPDATE (February 24, 2017):
Under the settlement, Class Members will be eligible to receive a pro-rated distribution of the “Credit Account”, held on behalf of the Class, less approved Class Counsel and Class Proceedings Fund fees. The total sum to be distributed is $47,033.38 (“Settlement Amount”).
You are a Class Member if you entered into a Membership Agreement with Revolution Food Technologies Inc. and subscribed for and purchased one or more Revolution 650™ peanut vending machines and other related products and services
Class Members have until May 7, 2017, to submit a claim form to Thomson, Rogers to receive a pro rata recovery of the Settlement Amount based on the total number of machines you purchased.
Alternatively, Class Members may opt-out of the settlement if you do not wish to participate. You can do so by submitting an opt-out form to Thomson, Rogers.
We will be attempting to contact Class Members within the next few weeks to obtain updated contact information so that we may send you the Notice, Claim Form and Opt-out Form.
However, whether we reach you by telephone or not, you will not be able to participate in the settlement or opt-out if you do not submit a claim form or opt-out form to Thomson, Rogers by May 7, 2017.
Below you will find the following documents, which you should read carefully:
- Certification and Settlement Approval Order
- Certification and Settlement Approval Notice
- Claim Form to be submitted no later than May 7, 2017
- Opt-Out Form to be submitted no later than May 7, 2017
UPDATE (April 29, 2013):
The Ontario Court of Appeal has unfortunately upheld the Order of Justice Perell dismissing this class proceeding as against Johnvince Foods Distribution L.P. The decision of the Ontario Court of Appeal released April 26, 2013, is available. Update letters will soon be sent to those on our mailing list to discuss any remaining options and a further update will be posted here in the weeks to come.
UPDATE (February 14, 2013):
The Appeal that has been filed by the plaintiffs in this matter has now been scheduled for Wednesday, April 24, 2013, at 10:30 a.m. at the Ontario Court of Appeal located at 130 Queen Street West. Anyone wishing to attend may do so.
UPDATE (September 19, 2012):
Thomson, Rogers is disappointed to announce that we have received the ruling from The Honourable Mr. Justice Perell dated September 19, 2012, granting Johnvince’s summary judgment motion, meaning that the class action may only proceed as against the defendant Revolution. We anticipate appealing the decision. It will likely be several months (perhaps close to mid-2013) before the appeal is resolved. Any information regarding the appeal and the outcome will be posted on this website.
Review the decision of September 2012.
UPDATE (September 11, 2012):
The Defendant’s Summary Judgment Motion was heard by Justice Perell of the Ontario Superior Court of Justice on September 10, 2012. The Motion will not be continuing on September 11, 2012. Justice Perell has reserved his decision which we expect to receive within approximately one month. The decision will be posted to our website once received.
UPDATE (August 2, 2012):
The Motion ordered by Justice Perell was held as scheduled, on June 26, 2012. In the recently released decision, the plaintiffs were given leave to file the affidavit of Rod Knight in relation to the defendant Johnvince’s summary judgment motion. The defendant Johnvince’s summary judgment motion has now been scheduled for September 10th and 11th, 2012.
We invite you to continue to monitor our website for further updates as this case progresses. If you have not already done so, please complete the form at the bottom of this page to add your name to our mailing list to receive direct updates (we note that there is no financial risk whatsoever associated with signing up for or participating in the Class Action).
UPDATE (May 7, 2012):
A case conference was held on May 7, 2012 before the Honourable Mr. Justice Paul Perell of the Ontario Superior Court of Justice to address the Defendant Revolution Food Technologies Inc.’s request to file evidence opposing the Motion for Summary Judgment brought by the Defendant Johnvince Foods Distribution L.P. As Johnvince Foods Distribution L.P. was opposing the request, Justice Perell has ordered that a Motion be held on June 26, 2012 to determine whether Revolution Food Technologies Inc. is permitted to adduce its evidence at this stage.
The Motion for Summary Judgment has been adjourned to permit the Court time to hear and address the motion to adduce evidence brought by Revolution Food Technologies Inc. If you were planning to attend the Motion for Summary Judgment, please be advised that it is NOT proceeding on May 15 or 16, 2012.
Please monitor our website for information regarding the return date for the Motion for Summary Judgment.
UPDATE (September 28, 2011):
On September 28, 2011, THOMSON, ROGERS issued a national Class Action lawsuit against certain alleged Directors and Officers of Revolution Food Technologies Inc., on behalf of investors who purchased peanut vending machines from Revolution Food Technologies Inc. for the purpose of operating a vending machine business (the “Program”)
An earlier national Class Action claim was issued by Thomson, Rogers on March 24, 2011, naming Revolution Food Technologies Inc. and Johnvince Foods Distribution L.P. as Defendants for their respective roles in allegedly misleading investors into participating in the Program. The representative plaintiffs, David and Jennifer Zwaniga from Kitchener, Ontario, claim that they were induced to invest in the Program due to the misrepresentations made by the Defendants and suffered significant financial losses as a result.
This Class Action claims over $20 million in damages from certain alleged Directors and Officers of Revolution Food Technologies Inc. for their alleged legal responsibility as “franchisor’s associates” of Revolution Food Technologies Inc.
If you would like to review the entirety of the allegations made against the Defendants, please see the Statement of Claim, issued September 28, 2011.
UPDATE (September 1, 2011):
In accordance with the Timetable ordered by the Honourable Justice Perell of the Ontario Superior Court of Justice, the Plaintiffs served and filed their motion material for the Certification Motion scheduled to proceed on September 10 and 11, 2012. The Defendants must serve their responding motion materials for the Certification Motion by November 30, 2011.
Also, on August 30, 2011, the Plaintiffs amended the Statement of Claim to add allegations that the Defendants failed to comply with their disclosure obligations pursuant to the Arthur Wishart Act (Franchise Disclosure), 2000, S.O. 2000, c. 3. If you would like to review the full extent of the allegations made, please see the Amended Statement of Claim.
We encourage you to continue to monitor our website for updates.
On March 24, 2011, THOMSON, ROGERS issued a national Class Action lawsuit on behalf of investors who allege to have been mislead by food distributors, Revolution Food Technologies Inc. and Johnvince Foods Distribution L.P. (the “Defendants”).
The Class Action claim seeks over $20 million in damages from the Defendants relating to their alleged misrepresentations to investors regarding a number of items including the incomes they could expect to receive from purchasing Revolution 650TM vending machines.
The representative plaintiffs, David and Jennifer Zwaniga from Kitchener, Ontario, claim that they were induced to invest in the Program due to the misrepresentations made by the Defendants and suffered significant financial losses as a result.
If you would like to review the full extent of the allegations made against the Defendants, please see the Statement of Claim, issued March 24, 2011.
If you participated in this Program and would like to sign up to receive information about the class action, please fill out the sign-up form below (and we note that there is no financial risk whatsoever associated with signing up for or participating in the Class Action).
This Class Action has not yet been certified.