Mercedes BlueTEC Class Action
Koskie Minsky LLP and Lenczner Slaght Royce Smith Griffin LLP have commenced a class proceeding against Mercedes-Benz Canada Inc., Daimler AG, and other defendants, alleging that Mercedes BlueTEC vehicles are non-compliant with Canadian emissions laws. The class action is brought on behalf of Yogesh Kalra, an owner of a 2009 Mercedes R320 BlueTEC, and all other Canadian owners and lessees of Mercedes BlueTEC vehicles.
In the wake of the Volkswagen ‘Dieselgate’ scandal, various independent and government agencies scrutinized the emissions of Mercedes BlueTEC vehicles. As a result of those investigations, it has been reported that BlueTEC engines emit significantly higher levels of pollutants than are permissible under North American law. In addition, BlueTEC vehicles have been reported to emit toxic chemicals at much higher levels when it is colder than 10 degrees Celsius. Representatives of Daimler AG have publically admitted the truth of these facts, at least with regards to its C Class BlueTEC vehicles.
In addition, because it is colder than 10 degrees for extensive portions of the year in Canada, BlueTEC engines fail to perform their emissions cleaning functions and are substantially unsuitable for use in this country.
Kirk Baert of Koskie Minsky has stated that “Emissions laws cannot continue to be flouted by major automakers. Not only are consumers being misled, but a continuing and significant impact on the environment is taking place”.
Peter Griffin of Lenczner Slaght has stated “We expect Mercedes to answer serious questions about whether its “clean diesels” really are clean, especially in the colder weather that is so common in Canada”.
For further information:
February 16, 2022
We are pleased to announce that the Ontario Superior Court of Justice has approved the proposed settlement agreement in this class action. A copy of Justice Belobaba’s order approving settlement is attached here. More details regarding the settlement process can be found at https://www.bluetecsettlement.ca/.
February 16, 2022
The class action has been discontinued for all current or former owners or lessees of model year 2007-2009 E320 Mercedes-Benz BlueTEC I vehicles. The notice of discontinuance is attached here. The discontinuance was approved by court order dated December 9, 2021, attached here.
December 20, 2021
Koskie Minsky is pleased to advise that there is a proposed settlement in this matter. The settlement is subject to Court Approval. The Settlement Agreement can be found here, with a summary of the benefits available to class members found in the notices attached to it at Exhibits 2 and 4.
January 18, 2020
The previously scheduled summary judgment returnable in December 2019 to determine the merits of this class proceeding was postponed. Please continue to check back here for more information on a new return date for the motion.
May 31, 2019
The discovery process is underway and Class Counsel is in the process of collecting and reviewing documents produced by Mercedes.
The Plaintiffs have scheduled a summary judgment returnable in December 2019 to determine the merits of this class proceeding.
March 29, 2018
The notice program has commenced with respect to the certification of this matter as a class proceeding and the manner in which class members may opt-out.
December 7, 2017
The Defendants’ motion for leave to appeal the order certifying this action as a class proceeding was dismissed.
July 14, 2017
The Defendants are seeking leave to appeal of the certification decision.
June 29, 2017
This action was certified as a class proceeding. Justice Belobaba’s decision for certifying this action as a class proceeding is available here.
April 24, 2017
The Defendants’ proposed jurisdiction motion has been abandoned.
The Parties have exchanged motion materials on the certification motion, which is returnable on June 12 and 13, 2017.
December 1, 2016
The parties have established a timetable to the certification motion.. The certification motion will be returnable on June 12 and 13, 2017. The Plaintiff will also be responding to a motion brought by the Defendants with respect to the Ontario Superior Court of Justice’s jurisdiction on those days.
- February 16, 2022
- February 23, 2022 Settlement Approval
- February 16, 2022 Order (Settlement Approval)
- February 16, 2022 Notice of Discontinuance
- December 9, 2021 ORDER (SETTLEMENT NOTICE APPROVAL AND DISCONTINUANCE)
- December 7, 2021 Settlement Agreement
- December 7, 2021 Order
- March 29, 2018 Long Form Notice
- March 29, 2018 Short Form Notice
- March 29, 2018 Opt Out Form
- March 29, 2018 Order
- June 29, 2017 Certification Decision
- June 29, 2017 Order
- April 5, 2016 Statement of Claim
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…
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