VOLKSWAGEN

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. The Ontario Court reasons for decision may be viewed here. 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:
You are a settlement class member unless you are one of the 36 people who validly opted out in accordance with the Judge’s Order.  You are bound by the Settlement and have released
all rights to separately sue VW / Audi.  You must make your claim for settlement benefits on or before September 1, 2018.

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

  

IMPORTANT NOTICE

This website provides general information to class members on a Class Action commenced against Volkswagen . The court will ultimately decide who will be included as a Class Member. The information collected about Class Members will assist counsel in prosecuting the class action and assessing what damages were suffered by the class as a whole. Providing the information requested does not make you a client of Strosberg Sasso Sutts LLP.

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 class members with further information.

JOINT PRESS RELEASE

VOLKSWAGEN AND LAWYERS FOR CONSUMER CLASS ANNOUNCE
SETTLEMENT IN CANADA ON 2.0L TDI DIESEL VEHICLES

AJAX, TORONTO, ON and MONTREAL, QC, April 21, 2017 — Volkswagen Group Canada Inc. and Canadian class counsel announced today that both the Québec and Ontario Courts have granted approval of the nationwide settlement agreement to resolve consumer claims in Canada related to the 2.0L diesel emissions matter for approximately 105,000 affected vehicles. The Ontario Court will also be subsequently providing additional reasons for granting approval.

The approved settlement agreement provides for cash payments to eligible owners and lessees of Volkswagen and Audi 2.0L TDI vehicles. Many of these settlement class members will also have choices that may include selling or trading in their vehicle, or terminating their lease without any early termination penalty, or keeping their vehicle and receiving an emissions modification that has been approved by regulators together with an extended emissions warranty.

Maria Stenstroem, Chief Executive Officer, Volkswagen Group Canada, said, “Approval of the settlement is an important milestone in our journey to making things right in Canada. Volkswagen Group Canada is committed to ensuring that the settlement program is carried out as conveniently as possible for our affected Volkswagen and Audi 2.0L TDI customers. We are devoting significant resources and personnel to ensuring their experience with the settlement program is a positive one.”

Charles Wright, a partner at Siskinds LLP and one of the lead counsel for vehicle owners, said, “this settlement responds to the concerns raised by our clients and we are pleased that it will now be implemented.”

Harvey Strosberg, a partner at Strosberg Sasso Sutts LLP and one of the lead counsel, stated, “the approvals from the Courts are wonderful news for the Settlement Class Members.”

Sylvie De Bellefeuille, Legal Advisor at Option consommateurs, Representative Plaintiff for the Québec Settlement Class Members, said: “this is a great settlement for all Canadian consumers. We are very pleased with this outcome. We thank Belleau Lapointe, our lawyers in this class action, who have done an exceptional job for the benefit of all Canadian Settlement Class Members.”

2.0L TDI Settlement Program in Canada

The approved nationwide settlement program includes:

  • Cash payments to eligible current and former owners and lessees of approximately 105,000 affected vehicles nationwide.
  • Many of these settlement class members are also eligible to choose to sell their vehicle to Volkswagen (the buyback option) or terminate their lease without any early termination penalty, or, if an emissions modification is approved, keep their vehicle and have it modified at no charge and receive an extended emissions warranty.
  • A vehicle’s value for a buyback will be determined based on the Canadian Black Book® Inc. wholesale value as of September 18, 2015, with adjustments for factory options and mileage at the time of the buyback offer.
  • Eligible owners can also choose to trade in their vehicle and apply its fair market value at the time of the trade-in towards the purchase of a new or used Volkswagen or Audi vehicle. In addition, they will receive payment of any amount by which their vehicle’s wholesale value as of September 18, 2015 exceeds its fair market value at the time of the trade-in.

Starting on April 28, Canadian settlement class members and U.S. customers with affected 2.0L TDI vehicles that were first sold or leased in Canada may submit claims for benefits under the settlement by way of an online portal at www.VWCanadaSettlement.ca or a paper claim form (available at www.VWCanadaSettlement.ca or by calling the Canadian Settlement Claims Centre at 1-888-670-4773).

As their claims are approved, claimants will, where applicable, be able to schedule appointments with their preferred Volkswagen or Audi dealership in Canada to complete their settlement transactions.

More detailed information about the 2.0L TDI settlement program in Canada and available benefits can be found at www.VWCanadaSettlement.ca or by calling the Canadian Settlement Claims Centre at 1-888-670-4773.

Notes to Editors

The following 2.0L TDI vehicles are included in the approved settlement program in Canada:

VW Jetta
2009-2015

VW Jetta Wagon
2009

VW Golf
2010-2013, 2015

VW Passat
2012-2015

VW Beetle
2013-2015

VW Golf Wagon
2010-2014

VW Golf Sportwagon
2015

Audi A3
2010-2013, 2015

 

Amounts for legal fees and expenses of class counsel that will be approved by the Courts will be paid by Volkswagen Group and will not reduce the benefits available to settlement class members.

The class settlement is not an admission of liability by Volkswagen Group. By its terms, the settlement agreement is not intended to apply to or affect Volkswagen Group’s obligations under the laws or regulations of any jurisdiction outside Canada. Emission regulations and vehicle standards vary from country to country. Regulations governing nitrogen oxide (NOx) emissions limits for vehicles in Canada are stricter than those in other parts of the world and diesel engine variants also differ significantly.

About Volkswagen Group Canada

Founded in 1952, Volkswagen Group Canada Inc. is headquartered in Ajax, Ontario, and is the largest volume European automotive nameplate in Canada. It is a subsidiary of Volkswagen AG, headquartered in Wolfsburg, Germany. Volkswagen Group is one of the world’s largest producers of passenger cars and is Europe’s largest automaker.

About Option consommateurs

Option consommateurs is a not-for-profit organization whose mission is to promote and defend the rights and interests of consumers. In order to do so, it notably institutes class action suits. Option consommateurs is interested in various issues, namely business practices, financial services, energy, agro food and health.

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 Claim 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.

 

The Ontario Superior Court of Justice certified this class action in part for a nationwide Canadian settlement class (with the exception of Quebec) of owners and lessees of affected Canadian VW and Audi 2.0L TDI diesel vehicles as listed below on September 18, 2015, and purchasers of these vehicles after that date.  A similar authorization order was made in the Superior Court of Quebec for a provincial settlement class.

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

As of December 15, 2016, the parties entered into a Settlement of the class action in respect of the following models of 2.0L TDI vehicles sold in Canada or leased from Volkswagen Credit Canada Inc. (also known as Volkswagen Finance and Audi Finance). The Courts in Ontario and Quebec have now approved the Settlement and the Claims Program will become effective April 28, 2017.

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.

You may be a “settlement class member” and the Settlement may apply to you if you:

•    owned an eligible vehicle on September 18, 2015 and sold it before January 4, 2017 or continue to own it; or
•    leased an eligible vehicle on September 18, 2015 from Volkswagen Credit Canada Inc.(also known as “Volkswagen Finance” and “Audi Finance”); or
•    purchased an eligible vehicle after September 18, 2015, and continue to own it.

Certain exceptions apply for vehicles that have become inoperable or have been totalled.

Please Note: You are a settlement class member unless you are one of the 36 people who validly opted out in accordance with the Judge’s Order.  You are bound by the Settlement and have released all rights to separately sue VW / Audi.  You must make your claim for settlement benefits on or before September 1, 2018.

If your vehicle was originally purchased or leased in Canada, but was registered in the U.S. during the period from September 18, 2015 through January 4, 2017, you are not a settlement class member but you may participate in the settlement program in Canada if the other requirements in the Settlement are met.  If you wish to participate, you may submit a claim, and will receive the same benefits that are available to a similarly situated settlement class member.  If you do not want to participate in the Settlement, because you are not a settlement class member, you will not be bound by the Settlement and will retain any right you have to separately sue Volkswagen/Audi.

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 US Settlement.  More information on how those claims can be made is available on the U.S. settlement website at www.vwcourtsettlement.com.

Please Note:

The class action will continue for owners and lessees of affected VW / Audi  3.0L TDI vehicles which are not included in the proposed Settlement.

 


Ontario

  1. In addition to this national class action in Ontario, the Merchant Law Group (“MLG”) has filed proposed class proceedings relating to the diesel allegations.
  2. Despite not having contested the carriage of this class action granted to the Consortium tin Ontario, MLG on two occasions thereafter engaged in communication campaigns with putative national class members in this action, both within Ontario and in other provinces.
  3. As a result of motions brought in this class action, MLG is prohibited from communicating with putative national class members resident in Ontario to solicit participation in a class proceeding.


Alberta

  1. In Alberta, both the Consortium and MLG have filed proposed class proceedings relating to the diesel allegations. 
  2. All MLG proposed class proceedings relating to the diesel allegations in Alberta are currently stayed and MLG is prohibited from communicating with putative Alberta class members for the purpose of soliciting participation in an individual or class proceeding relating to the diesel allegations. 


Saskatchewan

  1. In Saskatchewan, both the Consortium and MLG have filed proposed class proceedings relating to the diesel allegations. 
  2. A carriage application and a stay application in the MLG proposed class action heard February 4, 2016 are under reserve. 
  3. MLG has also filed four actions in Saskatchewan on behalf of approximately 530 individual plaintiffs resident in provinces across Canada (the “MLG Individual Actions”). 
  4. Applications to stay the MLG Individual Actions were heard on June 20-21, 2016. The decisions on those applications are also under reserve.

RELATED NEWS