The Notice was approved by the Court and summarizes the Settlement. You have been identified as a potential Class Member who may have owned or leased a Class Vehicle that is covered by this Settlement. You have legal rights and options that you may exercise under the Settlement. For the precise terms and conditions of the Settlement, please review the Settlement Agreement, available on the Documents page. Justice Gagnon of the Quebec Superior Court is overseeing this Class Action. The lawsuit is referred to as 4037308 Canada Inc. v. Navistar Canada Inc., Quebec file no. 500-06-00720-140.
In a class action lawsuit, one or more people called representatives sue on behalf of other people who have similar claims. The people together are a Class or Class Members. The companies they sued are called the Defendants. One court resolves legal issues common to everyone in the class, except for those people who choose to exclude themselves, or Opt-Out, of the Class.
4037308 Canada Inc. is the representative plaintiff in this Class Action.
Class actions resolve legal issues common to everyone in the class; the court’s judgment binds all Class Members even if they do not participate. The common issue in this case is whether the Defendants breached their obligations to Class Members.
The lawsuit claimed that Defendants sold, or leased vehicles equipped with a 2011-2014 model year MaxxForce 11-, 13-, and 15-litre diesel engine equipped with a defective EGR emissions system. Defendants deny all the allegations in the lawsuit and they did anything wrong. The lawsuit seeks money for the class.
The court did not decide in favor of the representative plaintiff or the Defendants. Instead, both sides agreed to a Settlement valued at $2,614,486. That way, they avoid the risk and cost of a trial, and the people affected will get compensation. The representative plaintiff and Class Counsel believe the proposed Settlement confers substantial benefits on the class and have determined that the Settlement is in the best interest of the class and represents a fair, reasonable, and adequate resolution of the lawsuit.
The defendants deny the claims in the lawsuit; deny all allegations of wrongdoing, fault, liability, or damage to the representative plaintiff and the class; and deny that they acted improperly or wrongfully in any way. The defendants nevertheless recognize the expense and time that would be required to defend the lawsuit through trial and have taken this into account in agreeing to this settlement
The Settlement is subject to approval by the Quebec court (FAQ 17).
The court decided that everyone who meets the following definition is a class member:
(a) All persons, entities, or organizations resident in Quebec having purchased a Class Vehicle on or before April 30th, 2021.
(b) All persons, entities, or organizations resident in Quebec having leased a Class Vehicle for more than 30 days starting on or before April 30th, 2021.
Class Vehicles - VIN lookup
|Navistar||Equipped with a MaxxForce Diesel Engine||11-litre||2011-2014|
|Navistar||Equipped with a MaxxForce Diesel Engine||13-litre||2011-2014|
|Navistar||Equipped with a MaxxForce Diesel Engine||15-litre||2011-2014|
Excluded from the Class are:
(a) Any person or entity that has litigated claims involving Class Vehicles’ allegedly defective EGR emissions system against the Defendants to final, nonappealable judgment (with respect to those vehicles only).
(b) Any person or entity who, via a Settlement or otherwise, delivered to Navistar releases of their claims involving Class Vehicles’ allegedly defective EGR emissions system (with respect to those vehicles only).
(c) Navistar employees, officers, directors, agents, and representatives, and their family Members.
(d) Any Authorized Navistar Dealer of new or used Vehicles solely for the purposes of resale (with respect to those vehicles only).
(e) Any person or entity that purchased a Class Vehicle solely for the purposes of resale (with respect to those vehicles only).
(f) Any person or entity that was a lessee of a Class Vehicle for fewer than 30 days (with respect to those vehicles only).
(g) Idealease and Navistar Leasing Co. (lessees of Class Vehicles from these entities are part of the Class).
Use this interactive VIN lookup tool to see whether you are a eligible Class Member.
If you are still unsure whether you are included, you can call or email the Settlement Administrator at [email protected] or 1-888-876-0851.
The Settlement will, if approved by the courts, provide compensation to Class Members. Class Members who elected the Cash Option or Prove-Up option would be paid out of the funds remaining from the $2,614,486 Cash Fund proceeds after deducting the court-approved legal fees and disbursements (including taxes) of Class Counsel (the “Legal Fees”), the costs of administering and distributing the Settlement, and amounts owing to Quebec’s Class Proceedings Fund. The settlement approval hearings are currently scheduled for October 20, 2021. A $145,360 Rebate Fund is available to Class Members with approved claims who elect the Rebate Option.
To be eligible to obtain compensation under the Settlement, a Class Member must file a completed claim with the Claims Administrator on or before the Claim Period deadline.
Class Members who satisfy the eligibility criteria set out in the Class Member definition (FAQ 4) and have filed a completed claim form on time may be entitled to benefits that are outlined in the compensation protocol (FAQ 8).
Until all claims have been adjudicated it will not be possible to determine the exact value of the compensation that may be paid to eligible claimants.
If the Settlement is approved and you are an eligible Class Member who submitted a timely claim along with the required documentation, you may choose only one of the following three options for compensation for each class vehicle you own(ed) or lease(d):
(a) Cash Option: The Cash Option provides a payment based on months of ownership or lease of up to $2,500 per class vehicle. Each demonstrated month of ownership or lease through April 2021 is eligible for the following amounts, subject to certain limitations:
|Class Vehicle Model Year||Monetary Amount|
(b) Rebate option: The Rebate Option provides a rebate based on months of ownership or lease worth up to $10,000 for each class vehicle owned or leased towards the purchase of a new Navistar Class 8 heavy duty truck. The rebates are deducted from the best negotiated retail purchase price (not including sales taxes or delivery fees) and in addition to any other applicable promotion, rebate, or discount then in effect at the time of purchase and for which both the purchase and the purchaser would otherwise qualify. The rebates are not transferable and not stackable, and no class member will be issued more than ten rebates. Each demonstrated month of ownership or lease through April 2021 is eligible for the following amounts, subject to certain limitations:
|Class Vehicle Model Year||Monetary Amount|
(c) Individual Prove-Up Option: For each Class Vehicle owned or leased by a member of the Settlement Class, such Members of the Settlement Class may seek to prove up to $15,000 of Covered Costs per Class Vehicle for documented Covered Costs incurred as a result of a Covered Event. Covered Costs and Covered Events are defined below. Each claim must have been supported by reasonable contemporaneous or third-party documentation supporting the occurrence of the Covered Event and the amount of damages suffered as a result.
a. A covered Event is (1) a service event for repair or replacement of a Primary Component; or (2) a service event for repair or replacement of a Secondary Component that occurs within 30 days of a service event for repair or replacement of a Primary Component.
b. Covered Events do not include service events where the repair or replacement of a Primary Component was provided for by an Authorized Field Change or Misbuild Investigation Notice.
|Primary Component||Secondary Components|
Valve/Seat (Intake) and Valve/Seat (Exhaust)
Cylinder Head (when accompanied by a Valve/Seat (Intake) and Valve Bridge Repair)
Total Engine Replacement or Rebuild (must show a Turbochargers failure)
Diesel Particulate Filter
c. Covered Costs are any of the following costs that (1) were actually incurred as a result of a Covered Event, (2) are established by reasonable contemporaneous or third-party documentation, and (3) for which the Class Member has not already been compensated:
i. Actual repair costs, including parts, labour, and towing;
ii. Rental trucks;
iii. Lost revenue (from a particular load that the Class Vehicle was transporting at the time of a Covered Event);
iv. Travel costs (hotel, airfare, meals, etc.);
v. Employee wages (limited to five days);
vi. Permits; and
There are mileage limits on parts and labour recovery: Parts and Labour incurred because of a Covered Event that occurred when the Class Vehicle had between 800,000 kilometers and 1,600,000 kilometers are capped at $7,500 for all Covered Events. Parts and Labour incurred because of a Covered Event that occurred when the Class Vehicle had 1,600,001 kilometers or more are not compensated.
The amounts received by class members under any option may be reduced pro rata based on the number of claims. Some limitations apply, particularly if one class member leased a truck to another class member.
(a) If you leased a Class Vehicle from any party other than Navistar for more than 30 days, both the lessor (owner) and lessee of the Class Vehicle are Class Members and are each eligible for half of the Cash Option or Rebate Option for the time period of the lease. Sufficient Proof of Ownership or Lease is required.
b) Each lessor and lessee may instead independently elect the full Individual Prove-Up option.
Please review the Settlement Agreement for additional details or call toll-free 1-888-876-0851. All costs not listed above are excluded and will not be compensated.
The court is holding a hearing to determine whether to approve the Settlement on October 20, 2021 at 9:30am. After the hearing, the Court will set a schedule for Class Members to make claims. Further instructions will be provided on how to make a claim if the Settlement is approved. Payments will be issued after all disputes and responses to cure rejected claims have been resolved.
Unless you exclude yourself, you are staying in the class. That means that you can’t sue or be part of any other lawsuit against the Defendants about the legal issues in this case. It also means that all the court’s orders will apply to you and legally bind you. If the settlement is approved, it will release any legal claims by Class Members’ against the Defendants relating to the claims in the lawsuit.
Any class member who wants to be excluded from the class and become an opt-out must fill out and mail the request for exclusion form to the Court at the address provided below. If you wish to exclude yourself, you must request exclusion for all class vehicles you own(ed) or lease(d). You may not exclude yourself from the class for one or more class vehicles while also seeking benefits of the class action for other class vehicles.
Your request for exclusion form must be postmarked on or before October 1, 2021 and must include: (1) the class member’s full name, address, and telephone number; (2) the model, model year, and VIN of the class member’s class vehicle(s); (3) an explicit and unambiguous statement of the class member’s desire to opt out of the class; and (4) the class member’s signature. Click here for the exclusion (Opt Out) form.
If the class member is an entity and not an individual, the request must be signed by an officer or director of the entity and include a statement that attests to that person’s ability to act on behalf of the entity. Requests for exclusion signed only by counsel or another representative will not be permitted.
|Registry (Greffe) of the Superior Court of Québec
Palais de Justice de Montréal
Dossier No. 500-06-000720-140
1 rue Notre-Dame Est, Salle 1.120
Montreal, QC H2Y 1B6
No. Unless you exclude yourself, you will be bound by the result of the Class Action. If the Settlement is approved, it will release any legal claims by Class Members’ against the Defendants relating to the claims in the lawsuit. You must exclude yourself from this class to continue your own lawsuit.
No. Only eligible Class Members can participate in the Settlement and receive compensation (if it is approved by the Court).
Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you don’t want to be part of the Class. If you excluded yourself, you have no basis to object because the case no longer affects you.
No, if you wish to be represented by a lawyer, you may hire one at your own expense. Class Counsel will not object to the Settlement for you.
If you are a Class Member, you can object to the Settlement if you don’t like any part of it. You can ask the Court to deny approval by filing an objection. You can’t ask the Court to order a different Settlement; the Court can only approve or reject the Settlement. If the Court does not approve the Settlement, no Settlement payments will be sent out, and the lawsuit will continue. If this is what you want to happen, you may object. Please note that you cannot both object to the Settlement and Opt Out of it.
Any objection to the proposed Settlement must be in writing. If you file a timely written objection, you may, but are not required to, appear at the hearing where the Court will decide whether to approve the Settlement, either in person or through your own lawyer. If you appear through your own lawyer, you are responsible for hiring and paying that attorney. All written objections and supporting papers must be filed with the Court, and copies must be sent to Class Counsel and Defendants’ Counsel at the addresses provided below. Your objection must be filed on or before October 1, 2021 or it will not be considered.
Any objection must be personally signed by the Class Member submitting it. If the Class Member is an entity and not an individual, the objection must be signed by an officer or director of the entity and include a statement that attests to that person’s ability to act on behalf of that entity. If the Class Member is represented by a lawyer, the objection must also be signed by such Counsel. Any objection must also include the following:
a. The objecting Class Member’s full name, address, and telephone number or email address;
b. The model, model year, and VIN of the objecting Class Member’s Class Vehicle(s), along with proof of membership in the class;
c. A written statement of all grounds for the objection, accompanied by any legal support for the objection;
d. Copies of any papers, briefs, or other documents upon which the objection is based;
e. The name, address, email address, and telephone number of every lawyer representing or assisting the objecting Class Member; and
f. A statement indicating whether the objector and/or his or her Counsel intends to appear at the Settlement Approval Hearing and, if so, the evidence that person intends to rely on in support of the objection.
Objection materials must be filed with the Court at the following address:
Registrar of the Superior Court of Québec
Objection materials must also be sent to Class Counsel and the Defendants’ Counsel at the following addresses:
To the Defendants' Counsel:
The Court will hold a hearing to decide whether to approve the Settlement on October 20, 2021 at 9:30am. If there are objections, the court will consider them at the hearing. The Court may also decide how much to pay Class Counsel and the Representative Plaintiff. The Court may decide whether to approve the Settlement immediately after the hearing or may take some time to consider it.
The hearing will likely be held by videoconference because of the COVID-19 pandemic. Further details will be provided when available.
No. Class Counsel will tell the Court why the Settlement should be approved at the hearing. If you object to the Settlement, you don’t have to come to the Court to talk about it (but you may).
Class Members are represented by Class Counsel. You do not need to pay Class Counsel. If you want to be represented by your own lawyer, you must hire one at your own expense. If the Settlement is approved, Class Counsel will ask for fees of up to 25% of the Settlement value to be paid from the Settlement funds.
The Consumer Law Group Inc., referred to hereinafter as Class Counsel, represents Class Members (only Québec residents). Class Counsel can be reached through the following contacts:
|Québec Class Members|
You can read the entire Settlement Agreement and other important documents here. You may discuss the Settlement with Class Counsel. You should check the website regularly for updates on the case.
You may contact the Settlement Administrator at [email protected] or 1-888-876-0851.
You may contact Class Counsel at: