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”.
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