Roy O’Connor LLP is one of group of law firms across the country working together (the “Consortium”) on a proposed Canada-wide class action lawsuit action against Volkswagen A.G. and a number of its Canadian and international subsidiaries relating to the manipulation of emissions data in a number of Volkswagen Group’s four and six cylinder turbo diesel engines sold under the Volkswagen and Audi brand names.
The proposed class action seeks damages in excess of $4 billion. The Plaintiffs’ statement of claim alleges that Volkswagen A.G. and its subsidiaries incorporated a prohibited “software defeat device” into a number of diesel powered vehicles and concealed that fact from government regulators and proposed Class Members.
The proposed class action is brought on behalf of any person in Canada who purchased any of the following vehicles equipped with a four or six cylinder turbo diesel engine as well as anyone who leased any of the following vehicles:
The claim refers to a variety of potential damages for class members including: improperly inflated purchase prices or lease payments; decreased resale values or residual lease values; and increased fuel costs coupled with decreases in performance and driving experience.
The next major step in a class action is the filing of affidavit material by the plaintiffs in support of a motion to have this case certified as a class action.
On December 19, 2016 Class Counsel and VW announced an agreement, subject to court approval, to resolve Canadian consumer claims related to the 2.0L TDI emissions matter for approximately 105,000 affected VW and Audi vehicles across Canada. The settlement provides for cash payments to eligible owners and lessees, many of whom have choices that may include vehicle buybacks, trade-in, emissions modification (if approved by regulators) and early lease termination. On April 21, 2017 the 2.0L settlement was approved by the Ontario Superior Court of Justice as being fair, reasonable and in the best interests of the class.
For more information about the terms of the settlement and how to make a claim under the settlement please see: https://www.vwcanadasettlement.ca/en/ or call: 1-866-881-2292
The settlement does not include 3.0-Litre TDI vehicles. We will continue to prosecute the class action in respect of these vehicles. The certification record in respect of 3.0-Litre vehicles has been filed with the Ontario Court. A hearing date is being sought.
On December 19, 2016 Class Counsel and VW announced an agreement, subject to court approval, to resolve Canadian consumer claims related to the 2.0L TDI emissions matter for approximately 105,000 affected VW and Audi vehicles across Canada. The proposed settlement provides for cash payments to eligible owners and lessees, many of whom have choices that may include vehicle buybacks, trade-in, emissions modification (if approved by regulators) and early lease termination.
For more information about the terms of the proposed settlement or how the proposed settlement may affect you please see: https://www.vwcanadasettlement.ca/en/ or call: 1-844-982-5246
The Consortium and their clients (the plaintiffs) have now filed their affidavit material in support of the request to have this case certified as a class action. The certification motion is scheduled to proceed in Toronto, Ontario in less than 4 months (June 7 and 8, 2016). Proceeding to a certification motion in June represents a relatively quick timetable for a class action (in other case, certification motions are not heard for years after the action was first commenced). The Consortium is doing its best to keep this case moving quickly.
Please note that another law firm, the Merchant Law Group (“MLG”), had commenced a similar class action in Ontario. MLG is not a member of the Consortium (the group of law firms working with Roy O’Connor LLP on this case).
The appointed Ontario class actions judge (Mr. Justice Justice Belobaba) heard a contested motion about who should control the class action in Ontario (called a “carriage motion”). On December 4, 2015, Justice Belobaba ordered that the Consortium (our group of law firms) and our clients were granted “carriage” (control) of the proposed national class action in Ontario. He ordered that the Consortium’s class action should continue and MLG’s Ontario class action should be stayed (stopped or not proceed) A copy of the December 4, 2015 order can be read here.
MLG is still requesting carriage of other VW litigation it has commenced in Saskatchewan and Alberta. The Consortium and their clients are contesting those requests by MLG, and are seeking carriage (control) of the class actions in those other provinces.
Late on Monday January 25th, we became aware that MLG had sent an email “blast” (dated January 22) and proposed individual contingency retainer to approximately 9,500 potential class members across Canada. We (the Consortium) immediately scheduled an urgent motion before Mr. Justice Belobaba to challenge that email blast and proposed individual contingency retainer.
On February 3, 2016, our firm (as part of the Consortium) appeared before Justice Belobaba to address the email blast from MLG. To view or download Justice Belobaba’s brief endorsement from that February 3, 2016 motion please click here. To view of download Justice Belobaba’s Reasons for Decision please click here. As noted in the endorsement, a clarifying notice was to be sent by MLG to the 9,500 class members. Justice Belobaba settled the final form of the notice on Friday February 5, and we understand that MLG sent out the final clarifying notice by email on Monday, February 8, 2016. To view or download MLG’s clarifying email please in English and French please click here.
Roy O’Connor LLP is a leading class action firm in Canada. Roy O’Connor is Benchmark Magazine’s two-time winner of its prestigious Plaintiff’s Class Action Firm of the Year Award. For more information about Roy O’Connor please see our main site.