VOLKSWAGEN/AUDI/PORSCHE 3.0L

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The claims program for Settlement Class Members with eligible 3.0L vehicles commenced on May 8, 2018.  The settlement website is available at www.VWCanadaSettlement.ca

On April 19, 2018, the Ontario Court approved the 3.0L Settlement Agreement. The Ontario Court’s Volkswagen/Audi/Porsche reasons for decision may be reviewed here. Subsequently, on April 25, 2018, the Quebec Court also approved the 3.0L Settlement Agreement. The Quebec Court’s reasons for decision may be reviewed: Volkswagen/Audi here and Porsche here.

On Friday January 12, 2018, Volkswagen and Canadian class counsel confirmed their agreement to resolve consumer claims in Canada regarding approximately 20,000 affected 3.0L diesel vehicles, subject to court approval.

 

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. Settlement class members must make a claim in order to receive settlement benefits.  The period to submit a claim for settlement benefits will begin on May 8, 2018.  Settlement class members may visit www.VWCanadaSettlement.ca to review the claims procedure and make their claim once the program begins.  Please read the two important notes carefully.

NOTE: Owners who sell their affected 3.0L vehicle on or after January 17, 2018, lose the right to claim benefits under the 3.0L Settlement.

NOTE also: The U.S. EPA approved an Emissions Compliant Repair for 3.0L Generation Two vehicles in December 2017. Owners/lessees of affected 3.0L Generation Two vehicles can make an appointment with an authorized dealer to have the emissions compliant repair performed on their vehicle now and get the extended emissions warranty without in any way affecting their entitlement to make their claim to receive a cash payment under the 3.0L Settlement that has been approved by the Courts.

9.  Interested persons may visit www.VWCanadaSettlement.ca or call 1-888-670-4773 for more information and to view the 3.0L Settlement Agreement.

10.  For clarity, please note that the 2.0L Settlement with Volkswagen / Audi approved by the Courts in April, 2017 was in respect of affected 2.0L diesel vehicles only and did not include the 3.0L claims now being settled. Similarly, the 3.0L Settlement now approved by the Courts is in respect of affected 3.0L diesel vehicles only and does not include claims in respect of affected 2.0L diesel vehicles which were previously settled. Information on the 2.0L Settlement may also be found at www.VWCanadaSettlement.ca or by calling 1-888-670-4773.

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