Koskie Minsky and Lenczner Slaght Commence Class Proceeding Relating to Nissan Vehicles
Koskie Minsky LLP and Lenczner Slaght Royce Smith Griffin LLP have commenced a class proceeding against Nissan Canada Inc., and other defendants, alleging that many models of Nissan vehicles contain a dangerous engine defect. The class action is brought on behalf of Wendy Evensen, an owner of a 2005 Nissan Xterra, and all other Canadian owners and lessees of certain Nissan vehicles. Those vehicles are:
- 2004-2008 Nissan Maxima
- 2004-2009 Nissan Quest
- 2004-2006 Nissan Altima (with the VQ35 engine)
- 2005-2007 Nissan Pathfinder
- 2005-2007 Nissan Xterra
- 2005-2007 Nissan Frontier (with the VQ40 engine)
It is alleged that each of these vehicles contain a dangerous engine defect that can cause the timing chain tensioner to fall out of synch, resulting in massive engine damage. It is alleged that this engine malfunction may take place while driving on highways or otherwise at high speeds. The statement of claim states that the vehicles lose power braking and steering in such circumstances, which can lead to injury or death.
Kirk Baert of Koskie Minsky has stated that “Such serious engine defects must be addressed by major automakers. Canadians should not be driving vehicles that present unnecessary risks while being driven at high speeds.”
Andrew Skodyn of Lenczner Slaght has stated “Cases like this call out for a class action litigation process, which we hope will encourage automakers to act promptly to recall and repair vehicles which are reported to have serious design defects.”
For more information, please call 1 800 836 5049 or email nissanclassaction@kmlaw.ca.
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Latest Developments
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March 8, 2023
On December 12, 2022, Nissan filed an application for leave to appeal the British Columbia Court of Appeal’s decision to the Supreme Court of Canada. The plaintiff has filed a response to the application for leave to appeal.
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October 5, 2022
The British Columbia Court of Appeal upheld the decision to certify the action as a class proceeding. The appeal decision can be found here.
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April 8, 2022
Nissan appealed the certification decision. The appeal was heard on April 8, 2022. The decision was reserved and has yet to be released.
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March 1, 2021
On March 1, 2021, the action was certified as a class proceeding in British Columbia. The certification decision can be found here.
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February 1, 2021
In February 2021, Koskie Minsky and Lenczner Slaght entered into a consortium with Merchant Law Group LLP, who were acting for a proposed national class in British Columbia, to prosecute the class action together.
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March 8, 2023
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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
