|For information regarding 3.0L Vehicles, please visit our website here.|
The Ontario Superior Court of Justice and the Superior Court of Quebec approved a nationwide 2.0L Settlement in Canada in April 2017 and the settlement claims program began April 28, 2017.
If you owned or leased an eligible vehicle in the appropriate timeframe you are a settlement class member unless you validly opted out of the settlement in accordance with the Ontario Order. Settlement class members were bound by the Settlement and have released all rights to separately sue VW / Audi.
The deadline to make a claim for settlement benefits under the settlement claims program expired on September 1, 2018 and the deadline to receive settlement benefits expired on December 30. 2018.
Due to a period of unavailability of the AEM for the Gen 2 Passat, the deadline to complete the AEM on those vehicle and still be eligible to receive settlement benefits has been extended to January 31, 2019 for those vehicles only. Some outstanding appeals by Settlement Class Members also remain to be dealt with in the settlement claims program.
Visit the Settlement Website at www.VWCanadaSettlement.ca or call the Settlement Claims Centre at 888-670-4773 for more information.
- This class action was commenced in Ontario in the fall of 2015 for a nationwide class, excluding Quebec residents, against Volkswagen/Audi defendants concerning the installation of so-called “defeat devices” in certain models of Volkswagen and Audi 2.0 and 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. A similar action was commenced in Quebec on behalf of Quebec residents.
- In December 2016, 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.
Jetta Wagon TDI
Golf Wagon TDI
Golf Sportwagon TDI
- 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.
- The settlement benefits VW payable to settlement class members with eligible 2.0L VW / Audi vehicles under the Settlement Agreement totaled up to CAD $2.1 billion. Benefits to settlement class members were not reduced by legal fees. Legal fees and expenses for Plaintiffs’ counsel were also approved by the Courts and paid by VW directly.
- The Settlement established four types of settlement class members: eligible owners, eligible lessees, eligible purchasers, and eligible sellers. Different types of settlement class members were eligible for different benefits, 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.
- The deadline to make a claim for settlement benefits under the settlement claims program expired on September 1, 2018 and the deadline to receive settlement benefits expired on December 30. 2018.
- Due to a period of unavailability of the AEM for the Gen 2 Passat, the deadline to complete the AEM on those vehicle and still be eligible to receive settlement benefits has been extended to January 31, 2019 for those vehicles. Some outstanding appeals by Settlement Class Members also remain to be dealt with.
- Visit the Settlement Website at www.VWCanadaSettlement.ca or call the Settlement Claims Centre at 1-888-670-4773 for full information.
- This is a summary only of the terms of the Settlement. The settlement agreement and the court orders govern in the case of any discrepancy or inconsistency with this summary.
CROSS BORDER 2.0L TDI VEHICLES NOT INCLUDED IN THE SETTLEMENT
- VW/Audi agreed that owners of vehicles originally sold in Canada, but registered in the U.S. during the period from September 18, 2015 through January 4, 2017, could chose to participate in the settlement program in Canada provided they meet the other requirements in the Settlement Agreement. VW/Audi 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. Visit the Settlement website at www.VWCanadaSettlement.ca for more information.
- Because owners of vehicles originally sold in Canada but registered in the U.S. during the period from September 18, 2015 through January 4, 2017 were not settlement class members, if you chose not to participate in the claims program in Canada you were not bound by the Settlement Agreement and you retained any rights you had to separately sue Volkswagen/Audi.
- Similary, VW/Audi agreed that owners of vehicles originally sold in the U.S but registered in Canada between September 18, 2015 and Junary 4,2017, could choose to participate in the U.S Settlement. VW/Audi made arrangements for owners of U.S. vehicles located in Canada to return or repair the vehicle in Canada rather than returning it to the U.S. Visit the U.S. Settlement website at www.vwcourtsettlement.com for more information.
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.
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 Wagon
VW Golf Wagon
VW Golf Sportwagon
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 VEHICLES - SETTLEMENT
The Ontario Superior Court of Justice and the Superior Court of Quebec approved a nationwide 2.0L Canadian Settlement in April 2017 and the Settlement Claims Program began on April 28, 2017.
Settlement class members had until September 1, 2018 to make their claim for benefits and until December 30, 2018 to receive them.
Visit the Settlement Website www.VWCanadaSettlement.ca or call the Settlement Claims Centre at 888-670-4773 for more information.
2.0L VEHICLES – CROSS BORDER
VW/Audi have agreed that Canadian vehicles exported to the U.S. could participate in the Canadian settlement and U.S. vehicles imported into Canada could participate in the U.S. settlement provided owners meet the other provisions of the applicable settlement.VW/Audi arranged for the return or repair of these vehicles at a dealer in Canada or the U.S. based upon where the vehicle was located for your convenience.
Owners had until September 1, 2018 to make their claim for benefits and until December 30, 2018 to receive them.
3.0L VEHICLES – Nationwide Canadian Settlement Approved
A nationwide settlement agreement has been approved by the Courts in Canada making benefits available for owners and lessees of approximately 20,000 affected 3.0L Vehicles.
For more information concerning the Volkswagen/Audi/Porsche 3.0L Vehicle Settlement, please go to our 3.0L Settlement site here and visit the Settlement website www.VWCanadaSettlement.ca or call the Settlement Claims Centre at 888-670-4773 to make a claim – deadlines apply.