This class action involved a nationwide claim against General Motors alleging that the defendants manufactured, in the 1995-2004 model years, motor vehicles with a defective intake manifold gasket (IMG). The IMG regulates the flow of air and fuel into the cylinder. The allegation is that the IMG degraded prematurely, as a result of the plastic used in the gasket, causing coolant to leak into the engine. Among other consequences, the coolant mixed with engine oil making the oil ineffective and damaging the engine. In some cases the engine overheated and seized completely, creating a danger to the operator and occupants and requiring complete engine replacements.
In 2006, seventeen class actions were commenced across the country by a consortium of firms across all provinces. Along with Stevensons LLP, Koskie Minsky was lead counsel for this consortium.
The case was settled on the eve of certification and on November 4, 2008 the settlement was approved by the Honourable Mr. Justice Cullity. Class members were provided until December 8, 2008 to opt-out of the class action and settlement.
The settlement provided reimbursement to class members of up to $800.00 for repair costs attributable to this category of gaskets. The settlement claims period ended on April 30, 2009. Approximately 5,800 claims were received and over $900,000 was paid to elligble claimants. As a result this matter is now complete.
The settlement agreement, settlement approval order and final notice of settlement approval can be found here.