VOLKSWAGEN

The Ontario Superior Court of Justice and the Superior Court of Quebec have approved the Canadian nationwide 2.0L TDI Settlement Agreement.

 

The Settlement Claims Program began on April 28, 2017.  2.0L TDI Class Members must make their claim for benefits by September 1, 2018.

 

To get started, visit the Settlement Website www.VWCanadaSettlement.ca or call the Settlement Claims Centre at 888-670-4773 for more information.

 

See below and the 'WHAT'S NEW' page of this website for information on 2.0L TDI vehicles exported to the U.S. or imported into Canada and for information on the ongoing 3.0L TDI Class Action.

 

  1. The Class Action concerns the installation of so-called “defeat devices” in certain models of Volkswagen or Audi 2.0L and 3.0L TDI diesel vehicles and alleges 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.  A parallel action was brought in Quebec.

    2.0L TDI SETTLEMENT
  2. The parties in the Ontario and Quebec actions entered into a nationwide Canadian Settlement 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) in Canada and which were registered in Canada between September 17, 2015 and January 4, 2017.

    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



  3. The Settlement was approved by the Ontario Court and the Quebec Court and became effective on April 28, 2017.  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.
  4. VW will pay settlement benefits of up to CAD $2.1 billion to settlement class members with eligible 2.0L 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. 
  5. The Settlement establishes four types of settlement class members: eligible owners, eligible lessees, eligible purchasers, and eligible sellers. Different types of settlement class members may be eligible for different benefits.
  6. Benefits to settlement class members will not be reduced by legal fees. Legal fees and expenses for Plaintiffs’ counsel will be approved by the Courts and paid by VW directly.
  7. Certain conditions apply. Settlement class members should visit the Settlement Website at www.VWCanadaSettlement.ca or call the Settlement Claims Centre at 1-888-670-4773 for full information on the Settlement and its benefits and to file a claim for benefits under the 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 Ontario Order. Settlement class members are bound by the Settlement and have released all rights to separately sue VW / Audi. To receive compensation, you must make your claim for settlement benefits on or before September 1, 2018.
  8. This is a summary only of the terms of the Settlement.  The settlement agreement and the court orders will govern in the case of any discrepancy or inconsistency with this summary.

    CROSS BORDER 2.0L TDI VEHICLES NOT INCLUDED IN THE SETTLEMENT

  9. If your vehicle was originally sold 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. However, VW/Audi has agreed that you may participate in the settlement program in Canada if you choose to and if you meet the other requirements in the Settlement Agreement. VW/Audi has made special arrangements for owners of Canadian vehicles located in the U.S. to return or repair the vehicle in the U.S. rather than returning it to Canada. If you wish to participate, you may submit a claim at www.VWCanadaSettlement.ca, and you will receive the same benefits as are available to settlement class members. Because you are not a settlement class member, if you choose not to participate in the claims program you will not be bound by the Settlement Agreement and you will retain any rights you may have to separately sue Volkswagen/Audi.
  10. Similarly, VW/Audi has agreed that owners of vehicles originally sold 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 should you chose to participate You may make a claim through the U.S. settlement website at www.vwcourtsettlement.com.  VW/Audi has made arrangements so U.S. vehicles located in Canada can be returned or repaired in Canada instead of their being returned to the U.S.

    3.0L TDI VEHICLES – THE CLASS ACTION CONTINUES

  11. The settlement that has been approved by the Courts does not include 3.0L TDI vehicles. Plaintiffs’ counsel continue to prosecute the class action in respect of 3.0L TDI vehicles.
  12. The Plaintiffs’ motion record for certification of the action in respect of 3.0L vehicles was filed with the Ontario Court.
  13. The Plaintiffs and Volkswagen agreed to adjourn the certification hearing that was scheduled to be heard on September 19, 2017.
  14. Plaintiffs’ counsel continue to push the case forward on all fronts, which include serious and time-pressured negotiations with the Defendants.  Please note that certain protective orders are in place that limit the amount of information that can be made public at this time.  However, progress is being made and class members will be notified of further developments as soon as possible.
  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.

2.0L TDI VEHICLES - SETTLEMENT

 

The Ontario Superior Court of Justice and the Superior Court of Quebec has approved the Canadian nationwide 2.0L TDI Settlement Agreement.

 

The Settlement Claims Program began on April 28, 2017.  2.0L TDI Class Members must make their claim for benefits by September 1, 2018.

 

To get started, visit the Settlement Website  www.VWCanadaSettlement.ca or call the Settlement Claims Centre at 888-670-4773 for more information.

 

2.0L TDI VEHICLES – CROSS BORDER

VW/Audi have agreed that Canadian vehicles exported to the U.S. can participate in the Canadian settlement and U.S. vehicles imported into Canada can participate in the U.S. settlement provided owners meet the other provisions of the applicable settlement.

VW/Audi has also arranged for the return or repair of these vehicles at a dealer in the U.S. or Canada based upon the owner’s country of residence for your convenience.

For owners with vehicles located in Canada, go to www.vwcourtsettlement.com to make a claim. For owners with vehicles located in the U.S., go to www.VWCanadaSettlement.ca to make a claim.

 

3.0L TDI VEHICLES – THE CLASS ACTION CONTINUES

The settlement that has been approved by the Courts does not include 3.0L TDI vehicles. Plaintiffs’ counsel continue to prosecute the class action in respect of 3.0L TDI vehicles.

The Plaintiffs’ motion record for certification of the action in respect of 3.0L vehicles was filed with the Ontario Court.

The Plaintiffs and Volkswagen/Audi agreed to adjourn the certification hearing that was scheduled to be heard on September 19, 2017.

Plaintiffs’ counsel continue to push the case forward on all fronts, which include serious and time-pressured negotiations with the Defendants.  Please note that certain protective orders are in place that limit the amount of information that can be made public at this time.  However, progress is being made and class members will be notified of further developments as soon as possible.

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

 

 

 

 

 

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