Roy O’Connor LLP is lead counsel in Stuart MacKinnon v Volkswagen Group Canada Inc. et al, a proposed Canada-wide class action lawsuit against Volkswagen A.G. and a number of its subsidiaries regarding the alleged manipulation of emissions data in a number of 2.0L and 3.0L turbo diesel engines sold under the Volkswagen and Audi brand names.
In class proceeding settlements approved by Canadian courts in 2017 and 2018, the Defendants settled the claims of Canadian owners and lessees who owned or leased an affected vehicle as of the date the emissions issue was announced by the United States Environmental Protection Agency. Details about those existing settlements can be found at: www.vwcanadasettlement.ca.
This proposed class action seeks compensation for Canadians, largely purchasers or lessees who sold or returned their affected vehicles before the emissions issue became public, that did not receive compensation under the existing class action settlements. This action also seeks compensation for other groups excluded from the existing settlements.
The Plaintiff moved for the certification of this action as a class proceeding in August 2021. In reasons for decision released in September 2021 the Plaintiff’s certification motion was dismissed.
In reasons for decision released on October 4, 2022 a unanimous Divisional Court overturned the dismissal of the Plaintiff’s certification motion and directed a further hearing to determine if the balance of the test for certification had been satisfied.
More details about this proposed class action will be posted on this site as the case develops.
For more information about this proposed class action please contact James Katsuras at: