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.”
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