Audi CO2 Class Action
Koskie Minsky LLP and Roy O’Connor LLP are acting as plaintiff’s counsel in a proposed Canada-wide class action lawsuit action against Audi AG and a number of its Canadian and international subsidiaries relating to emissions from gasoline powered Audi A6, A8, Q5 and Q7 model vehicles. The claim was launched in late 2016.
The proposed class action seeks damages of $1.1 billion. The Plaintiffs’ statement of claim alleges that Audi A.G. and its subsidiaries incorporated what amounted to a prohibited “defeat device” into the foregoing Audi brand vehicles equipped with a 7 speed automatic transmission. The claim alleges that the defeat device suppressed the measure of emissions or pollutant levels, including carbon dioxide (CO2), and that the fuel efficiency of the vehicles was overstated. The allegations have not been proven.
The alleged defeat device at issue in this action is distinct from the defeat device incorporated into Volkswagen and Audi vehicles which in part suppressed emissions as made public in or about September and November 2015, and which formed the basis of separate actions launched in Canada in 2015 against the Volkswagen and Audi group of companies and others.
If you have ever owned or leased a gasoline powered Audi A6, A8, Q5 or Q7 equipped with a 7 speed automatic transmission and would like more information about this proposed lawsuit please contact George Pakozdi at GP@royoconnor.ca or call (416)362-1989.
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Latest Developments
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January 18, 2022
In 2020 the parties reached a proposed settlement in this action. In reasons for decision released on December 23, 2020, the settlement was approved by the Ontario Superior Court of Justice. The settlement was subsequently approved by the Superior Court of Quebec.
The period for making a claim for compensation under the settlement is now closed.
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February 3, 2017
An Amended Statement of Claim in this action has been issued.
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January 18, 2022
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Documents
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FAQS
What is a class action?
A class action is a lawsuit which provides a method for a large group of people with common claims to join together to advance one large claim. Class actions are a more efficient and cost-effective way for groups of people with common claims to gain access to the legal system and seek justice.
What does certification mean?
In order for an action to proceed as a class action, the court must determine whether it is appropriate for the case to be treated as a class action. Some of the factors the courts consider are the extent to which the claims of the class
members are common, and whether a class action is preferable to other methods (such as individual actions) of advancing the issues. The decision as to whether a class action should be certified takes place at a certification hearing and is decided by a judge. If certified, a representative plaintiff will advance the action on behalf of all of the class members.How do I know if I am a Class Member?
The certification order will always contain a description of who is a class member. We post the certification orders in our actions so that you can review them. You do not need to “sign up” to become involved in a class action. If you are included in the class description, you are automatically a class member who will be affected by the outcome of the class action unless you decide to “opt out”.
Are Class Members notified of the certification of the class proceeding?
Yes. After the claim has been certified, the court will authorize notice to be given to the members of the class.
Can I opt out of a class action and pursue independent legal action?
Yes. When a class action is certified, class members are always given an opportunity to opt out of the action. A deadline is imposed for opting out. If you do not opt out by the given deadline, class members will be bound by the outcome of the class action, whether it is successful or unsuccessful. If you opt out, you will not receive any benefit if the action is successful.
Will there be any cost to class members for legal fees?
Typically, class actions are handled on a contingency fee basis, which means that the class action lawyers will be paid only if the class action is successful at trial or settled. In that case, class counsel fees may be paid by the defendants or out of the settlement or judgment proceeds as approved by the court. In addition, the plaintiff may seek funding assistance from the Class Proceeding Fund which, if funding is granted, may provide funding for disbursements.
I still have questions…
Please feel to contact us by using the contact information on this site.
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Contacts
George Pakozdi
GP@royoconnor.ca
(416)362-1989