Ford Water Pump Class Action
This is a certified class action alleging that various models of Ford vehicles contain a dangerous water pump defect that can cause catastrophic engine failure.
The class comprises All persons and corporations in Canada, except for Excluded Persons, who, while they owned or leased one of the Vehicles on or before June 8, 2021, 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 chicle 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.
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Latest Developments
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March 28, 2022
Notice of certification has been disseminated. The deadline to opt out of the class action is April 17, 2022.
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January 27, 2022
The order directing notice of certification was approved. A copy of the notice order can be found under Documents.
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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.
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March 28, 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
Toll-Free Hotline: 1-833-786-0012
Email: fordclassaction@kmlaw.ca.