CANADIAN COURTS APPROVE NATIONWIDE CLASS SETTLEMENT FOR 3.0L DIESEL VEHICLES
Ajax, ON; Toronto, ON; Montreal, QC – April 25, 2018 – Volkswagen and Canadian class counsel announced today that the Québec and Ontario Courts have now both granted approval of the nationwide class settlement to resolve consumer claims in Canada regarding approximately 20,000 affected 3.0L diesel vehicles.
The approved settlement provides for cash payments and other benefits to eligible owners and lessees of Volkswagen, Audi and Porsche 3.0L diesel vehicles. Settlement Class Members who own or lease newer affected vehicles (model years 2013-2016) will receive a cash payment by completing the emissions repair to bring their vehicle into full compliance with originally certified emissions standards. Settlement Class Members with older affected vehicles (model years 2009-2012) will receive a cash payment and have additional options that include a buyback, trade-in, lease termination without penalty or, if approved by the U.S. Environmental Protection Agency (EPA) and available by recall in Canada, the option to keep their vehicle and have it modified to reduce emissions. Also, Settlement Class Members who no longer own or lease an affected vehicle are eligible to receive a cash payment.
“This approval means that we can offer a resolution to our customers with 2.0L and now 3.0L affected vehicles, honoring our promise to make things right in Canada,” said Daniel Weissland, President and CEO of Volkswagen Group Canada. “We look forward to building on the success of our 2.0L program and will work to ensure that the process is as seamless as possible for our 3.0L customers.”
“We are delighted to deliver a fair settlement which will see each Settlement Class Member receive considerable compensation, valued at a total of up to $290 million, without legal costs to them,” said Reidar Mogerman, a partner at Camp Fiorante Matthews Mogerman LLP and co-lead counsel for Settlement Class Members in Canada outside of Québec.
His fellow co-lead counsel, Michael Peerless, a partner at McKenzie Lake Lawyers LLP, added that, “Through this settlement, the Settlement Class Members will receive finality on this litigation.”
Sylvie De Bellefeuille, legal advisor at Option consommateurs, the representative plaintiff for the Volkswagen and Audi Québec Settlement Class, said that “This settlement is a great outcome for Canadian consumers and we hope it sends a strong message toward the industry. We thank Belleau Lapointe for their excellent work.”
David Assor, founding partner of Lex Group Inc., representing Porsche Québec Settlement Class Members, added that, “We believe that this settlement is very beneficial to our clients, offering them cash payments and the required repairs to their vehicles – now, instead of having to wait years to get to a trial.”
More detailed information about the 3.0L 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 approved nationwide 3.0L settlement program in Canada includes the following benefits:
Model Year 2013-2016 Volkswagen, Audi and Porsche 3.0L Diesel Vehicles
- Cash payments to approximately 15,000 owners and lessees of model year 2013-2016 Volkswagen, Audi and Porsche 3.0L diesel vehicles (so-called Generation Two vehicles) who receive the recall for an emissions repair to bring their vehicle into full compliance with originally certified emissions standards, as well as an extended emissions warranty.
Model Year 2009-2012 Volkswagen and Audi 3.0L Diesel Vehicles
- Cash payments to approximately 5,000 owners and lessees of model year 2009-2012 Volkswagen and Audi 3.0L diesel vehicles (so-called Generation One vehicles).
- Eligible owners and lessees of Generation One vehicles can choose to sell their vehicle to Volkswagen (the buyback option) or terminate their lease without penalty, or, if a modification to reduce emissions is approved by the U.S. EPA and available by recall in Canada, choose to keep their vehicle and have it modified at no charge and receive an extended emissions warranty.
- Eligible owners can also choose to trade in their Generation One vehicle and receive a trade-in credit towards the purchase of a new or used Volkswagen or Audi vehicle from a Volkswagen or Audi dealership in Canada.
The approved settlement has a total value of up to CAD $290.5 million.
Starting on May 8, 2018, Canadian and U.S. Settlement Class Members with affected 3.0L diesel vehicles that were first sold or leased in Canada can submit their claim for benefits under the settlement by way of an online portal or paper claim form, both of which are available at www.VWCanadaSettlement.ca.
As their claims are approved, claimants will, where applicable, be able to schedule appointments with their preferred Volkswagen, Audi or Porsche dealership in Canada or, in some cases, in the U.S., to complete their settlement transactions.
The following 3.0L diesel engine vehicles are included in the approved settlement program:
Generation One Vehicles
|Brand / Diesel Model||Model Years|
Véhicules de deuxième génération
|Brand / Diesel Model||Model Years|
|Audi A6, A7, A8, A8L, Q5||2014-2016|
Amounts for legal fees and expenses of class counsel that are subject to approval by the Courts will be paid by Volkswagen and will not reduce the benefits available to Settlement Class Members.
The class settlement is not an admission of liability by Volkswagen, Audi or Porsche. By its terms, the 3.0L settlement is not intended to apply to or affect their obligations under the laws or regulations of any jurisdiction outside Canada. Emissions regulations and vehicle standards vary from country to country. Regulations governing nitrogen oxide (NOx) emissions limits for vehicles in Canada and the United States are stricter than those in other parts of the world and diesel engine variants also differ significantly.
About Volkswagen Group Canada Inc.:
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 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. Amongst other tools to achieve its goals, Option consommateurs undertakes class actions. Option consommateurs is interested in various issues, namely business practices, financial services, energy, agro food and health.
For further information:
Representatives of Settlement Class Members
Camp Fiorante Matthews Mogerman LLP
McKenzie Lake Lawyers LLP
Spokesperson: Sylvie De Bellefeuille
Belleau Lapointe LLP
Lex Group Inc.
Phone: 514-451-5500 extension 401
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