Ford Water Pump Class Action

• June 14, 2024

  The Ontario Superior Court of Justice recently expanded the class definition to include persons whose vehicle’s water pump failed up until May 30, 2024. The former class definition only included persons whose vehicle’s water pump failed on or before the date of certification, being June 8, 2021.

  The current class definition is as follows:

  All persons and corporations in Canada, except for Excluded Persons, who, while they owned or leased one of the Vehicles on or before May 30, 2024, had a water pump that failed, and: (a) the Vehicle sustained damage; or, (b) the Vehicle sustained damage and the Class Member suffered personal injury.

  “Excluded Persons” are:

  (i) the Defendants and their officers and directors;

  (ii) the authorized motor vehicle dealers of the Defendants and the officers and directors of those dealers; and

  (iii) the heirs, successors and assigns of the persons described in paragraphs (i) and (ii).

  “Vehicles” are the following:

  2007-2018 Ford Edge; 2011-2019 Ford Explorer; 2009-2019 Ford Flex; 2010-2012 Ford Fusion Sport; 2011-2012 Ford Fusion; 2013-2019 Ford Police Interceptor (Taurus); 2013-2019 Ford Police Interceptor Utility (Explorer); 2008-2019 Ford Taurus; 2008-2009 Ford Taurus X; 2009-2016 Lincoln MKS; 2017-2020 Lincoln Continental; 2010-2019 Lincoln MKT; 2007-2018 Lincoln MKX; 2007-2016 Lincoln Zephyr/MKZ; and 2008-2009 Mercury Sable.

  If you meet the above-mentioned class definition, you are now automatically included in the class action. You do not have to do anything to participate.

  If you owned or leased one of the Vehicles listed above and your water pump failed after June 8, 2021 but before May 30, 2024, you must opt out now if you do not want to be part of the lawsuit. To opt out, you must notify Class Counsel by delivering a signed opt-out form to Class Counsel by no later than August 28, 2024 by mail or email to the following address:

  KOSKIE MINSKY LLP

  20 Queen Street West Suite 900

  Box 52

  Toronto, Ontario

  M5H 3R3

  Toll-Free Hotline: 1-833-786-0012

  Email: fordclassaction@kmlaw.ca

  A copy of the opt-out form can be downloaded from the Documents section of this website.

• March 28, 2022

  Notice of certification has been disseminated. The deadline to opt out of the class action is April 17, 2022.

• January 27, 2022

  The order directing notice of certification was approved. A copy of the notice order can be found under Documents.

• January 19, 2022

  On June 8, 2021, the Ontario Superior Court of Justice released its decision certifying the action. A copy of the decision and order can be found in the Documents section. Formal notice to the class will be provided in due course.

Show All

• June 14, 2024 Opt-Out Form
• May 30, 2024 Order re Expanded Class Definition
• March 28, 2022 Short Form Notice
• March 28, 2022 Short Form Notice (French)
• March 28, 2022 Long Form Notice
• January 17, 2022 Order re Notice Plan
• June 8, 2021 Reasons for Decision
• June 8, 2021 Order

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.

Toll-Free Hotline: 1-833-786-0012

Email: fordclassaction@kmlaw.ca.