On April 21, the Ontario Superior Court of Justice and the Superior Court of Quebec approved the Canadian nationwide 2.0L TDI Settlement Agreement.

The Settlement Claims Program will begin April 28.

Visit the Settlement Website www.VWCanadaSettlement.ca or call the Settlement Claims Centre at 888-670-4773 for more information.

 

CANADA-WIDE CLASS ACTION WAS STARTED IN ONTARIO

1.  In September 2015, we started an Ontario Class Action seeking to represent persons who own, owned, lease or leased certain models of Volkswagen or Audi 2.0-Litre TDI diesel vehicles and/or 3.0-litre TDI diesel vehicles.

2.  The Class Action concerns the installation of so-called “defeat devices” in these vehicles and allege that the intentional design, manufacture and installation of these devices in these diesel vehicles defeated or suppressed the true measure of emissions and pollutants, including nitrogen oxide.

3.  On December 4, 2015, Justice Belobaba ordered that our firm and other firms we partnered with across Canada be granted “carriage” of the Ontario Class Action.

2.0L TDI SETTLEMENT

4.  On December 16, 2016, the parties entered into a proposed settlement of the class action in respect of the following models of 2.0-Litre TDI vehicles sold in Canada or leased from Volkswagen Credit Canada Inc. (also known as Volkswagen Finance and Audi Finance). 

 

Brand

Model

Model Year(s)

Volkswagen

Jetta TDI

2009-2015

Volkswagen

Jetta Wagon TDI

2009

Volkswagen

Golf TDI

2010-2013, 2015

Volkswagen

Passat TDI

2012-2015

Volkswagen

Beetle TDI

2013-2015

Volkswagen

Golf Wagon TDI

2010-2014

Volkswagen

Golf Sportwagon TDI

2015

Audi

A3

2010-2013, 2015

 
 

5. The Settlement required approval by the Ontario Court and the Quebec Court in order to become effective.  On April 21, 2017, approval of the Settlement was granted by the Ontario and Quebec Courts. The Ontario Approval Order may be viewed here. Written reasons for decision from the Ontario Court will follow in due course. The Quebec reasons for decision may be viewed here.   

6. The following 2.0L diesel national settlement class was certified in Ontario:

all persons (including individuals and entities), except for persons included in the Quebec Settlement Class and Excluded Persons, who (a) on September 18, 2015, were registered owners or lessees of, or, in the case of Non-VW Dealers, held title to or held by bill of sale dated on or before September 18, 2015, an Eligible Vehicle; or (b) after September 18, 2015, but before the Claims Submission Deadline, become registered owners of, or, in the case of Non-VW Dealers, hold title to or hold by bill of sale dated after September 18, 2015, an Eligible Vehicle and continue to be the owners as at the Purchaser Transaction Date.

7.  A similar 2.0L diesel provincial settlement class was certified in Quebec.

8.Vehicles originally purchased or leased in Canada but registered in the US between September 18, 2015 and January 4, 2017, will be eligible for settlement benefits under the Canadian 2.0L Settlement, subject to the other Settlement requirements – go to www.VWCanadaSettlement.ca or call the Settlement Claims Centre at 888-670-4773 for details.
 

9.Similarly, VW has indicated that vehicles originally purchased in the U.S. which were registered in Canada between September 18, 2015 and January 4, 2017 will be eligible for settlement benefits in the U.S. Settlement.  More information on how those claims can be made is available on the U.S. settlement website at www.vwcourtsettlement.com.

10.VW will pay settlement benefits of up to CAD $2.1 billion to settlement class members with eligible VW / Audi vehicles, including: cash payments and, for many owners and lessees of these vehicles, choices that may include vehicle buyback; trade-in; emissions modification (if approved by regulators); or, early lease termination.

11.  A brief explanation of some of the Settlement terms can be found at the What’s New section of this Website.

12. Settlement class members may visit the Settlement Website at www.VWCanadaSettlement.ca for full information on the settlement and its benefits and how you can participate in the proposed settlement.
 
Please Note: If you are a settlement class member, you are bound by the Settlement and have released all rights to separately sue VW / Audi unless you are one of the 36 people who validly opted out.
 
13. The proposed settlement does not include 3.0-Litre TDI vehicles. We will continue to prosecute the class action in respect of these vehicles.
 
14. The certification record in respect of 3.0-Litre vehicles has been filed with the Ontario Court. A hearing date is being sought.

15.  If you have questions concerning the 3.0L TDI case, please call our toll free number 1.800.281.3120.

16.  If you would like to learn more about how a class action works, please click here.