VOLKSWAGEN/AUDI/PORSCHE 3.0L

IMPORTANT INFORMATION


A pan-Canadian settlement for more than $9 million has been reached with Robert Bosch GmbH, ending litigation over an alleged Bosch emissions defeat device used in certain Volkswagen (VW), Porsche, and Audi vehicles.


Some Owners and Lessees of 2009-2016 VW, Audi or Porsche diesel TDI vehicles who received benefits in the 2L or 3L VW Settlement may be entitled to compensation under the Bosch settlement.


The claims process is now open. The deadline for those required to make a claim is, April 8, 2021. Claims can be submitted online at www.boschcanadasettlement.com.


Full information concerning the settlement is found online at www.boschcanadasettlement.com or call toll free: 1-866-723-8776.

 

The Volkswagen/Audi/Porsche 3.0L settlement claims program in Canada is now completed.

 

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

Statement regarding Ontario court decision on post-ECR performance complaints:

 

Following complaints by some Canadian class members of a post-repair ‘lag/surge’ issue, Ontario class counsel brought the matter to the attention of the Court and sought production of testing data and an extension of the Settlement program deadline. Following an oral hearing, the motion was dismissed. The decision by the Ontario Superior Court of Justice, dated August 7, 2019, confirms that the August 31, 2019 Claims Period Deadline stands and remains unchanged for all claimants under the 3.0L Settlement Agreement.

 

The Ontario court found that complaints of a post-ECR ‘lag/surge’ could not be a matter of “Reduced Performance” or “adverse material degradation” covered by the Settlement. Accordingly, the ‘lag/surge’ complaints cannot be used to seek remedies under the Settlement, whether in the form of additional compensation, data from VW or an extension of the August 31, 2019 deadline.

 

The Ontario court also found that any post-repair defect caused by the ECR would be “outside the ambit of the releases provided by the Settlement Agreement,” and therefore any rights that class members may have in that regard are not precluded by the Settlement. However, the Ontario court also noted that the ECR was tested and approved by the appropriate regulators. And that, in addition, Volkswagen Group has not identified any safety impact from the ECR, and it is subject to stringent reporting obligations should it ever determine that the ECR “affects or is likely to affect the safety of any person.'

 

A copy of the Ontario court’s decision is available here

1. Class Actions were commenced in Ontario in the fall of 2015 for a nationwide class, except residents of Quebec, against Volkswagen / Audi defendants and Porsche defendants concerning the installation of so-called “defeat devices” in certain models of Volkswagen, Audi and Porsche 3.0L diesel vehicles alleging 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. Similar actions were commenced in Quebec on behalf of Quebec residents.

2.  The actions are in respect of the following brands, generations, models and model years of 3.0L vehicles sold in Canada or leased in Canada from Volkswagen Credit Canada Inc. (also known as Volkswagen Finance and Audi Finance) or Porsche Financial Services Canada, Inc.:.

Brand

Model

Model Year(s)

Generation One

Volkswagen

Touareg

2009-2012

Audi

Q7

2009-2012

Generation Two

Volkswagen

Touareg

2013-2016

Audi

Q5

2014-2016

Audi

Q7

2013-2015

Audi

A6

2014-2016

Audi

A7

2014-2016

Audi

A8/8L

2014-2016

Porsche

Cayenne

2013-2016

3.  Plaintiffs’ counsel engaged in serious time-pressured negotiations with the defendants, at times with the assistance of a mediator, over the course of many months.

4. On January 12, 2018, the parties confirmed that a nationwide 3.0L Settlement has been reached, subject to court approval, on the benefits that will be available in Canada for approximately 20,000 affected 3.0L diesel vehicles, including emission repairs, cash payments and other options depending on the generation of vehicle. The 3.0L Settlement required approval of the Courts to become effective.

5. By orders dated January 12, 2018, the Courts certified/authorized the settlement class and approved an extensive notice campaign which began on or about January 17, 2018.

6. Potential settlement class members had until March 19, 2018 to decide if they wished to exclude themselves from the 3.0L Settlement or to advise the Court of any objections they had concerning the 3.0L Settlement.

7.  The Settlement Hearings were completed in Ontario and Quebec in the first week of April.  The Courts each reserved judgment.

8.  On April 19, 2018, the Ontario Court approved the 3.0L Settlement Agreement.  On April 25, 2018, the Quebec Court approved the 3.0L Settlement Agreement. 

9.  You may review the Reasons for Decision of the Courts and the Joint Press Releast at the tabs above for more information on what this means for affected owners/lessees of affected 3.0L diesel vehicles.

10. The period to submit a claim for settlement benefits began on May 8, 2018. Settlement class members were required to make a claim and receive benefits by August 31, 2019.

11. The deadlines to claim in the Volkswagen/Audi/Porsche 3.0L settlement claims program in Canada have passed and the program is now completed.

Visit www.VWCanadaSettlement.ca call 1-888-670-4773 for more information and to view the 3.0L Settlement Agreement.

 

IMPORTANT NOTICE

This website provides general information only concerning the 3.0L settlement. The terms of the settlement agreement govern. Settlement Class Members may review the 3.0L settlement agreement at www.VWCanadaSettlement.ca.

The site is not designed to answer questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as a substitute for individual legal advice.

This website is updated from time to time to provide Settlement Class Members with further information.

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