The Superior Court of Quebec approved the settlement in this lawsuit on January 20, 2022. Class Members who did not exclude themselves must now make claims if they want compensation from the settlement. For the precise terms and conditions of the Settlement, please review the Settlement Agreement and approval order available on the Documents page.
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 $3,002,280. That way, they avoid the risk and cost of a trial, and the people affected will get compensation. The Court believes that the Settlement confers substantial benefits on the class and has 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 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 provides compensation to Class Members. Class Members who elected the Cash Option or Prove-Up option will be paid out of the funds remaining from the $3,002,280 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 was approved on January 20, 2022. A $160,122 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 August 27, 2022. You can file a claim online by clicking HERE. It does not cost anything to file a claim.
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.
August 27, 2022. Late claims shall not be considered by the Administrator.
Claimants must submit Proof of Ownership or Lease to establish the time period during wich they owned or leased a Class Vehicle. Proof of Ownership or Lease shall be established through the submission of the vehicle title, vehicle purchase agreement, vehicle lease agreement, dealer invoice, insurance documentation, financing documentation, or vehicle registration documents sufficient to identify the time period that a member of the Settlement Class has been or was the owner or lessee of the Class Vehicle.
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.
Claims must be submitted by August 27, 2022. Payments will be made after that date.
Unless you excluded yourself, you are a part of 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 apply to you and legally bind you. Since the Settlement is approved, it releases any legal claims by Class Members’ against the Defendants relating to the claims in the lawsuit.
No. Unless you excluded yourself, you are bound by the result of the Class Action. As the Settlement is approved, it releases any legal claims by Class Members’ against the Defendants relating to the claims in the lawsuit.
No. Only eligible Class Members can participate in the Settlement and receive compensation.
You do not need to submit a claim, but you can no longer exclude yourself from the class. The Settlement is binding on you.
No. Class counsel represents the class. You will not be charged for class counsel’s work. If you want to be represented by your own lawyer, you may hire one at your own expense.
You will not receive compensation.
The Superior Court of Quebec approved the Settlement in this lawsuit on January 20, 2022. Class members who did not exclude themselves must now make claims if they want compensation from the settlement. This lawsuit affects you only if you are a part of the Class (FAQ 4).
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. The Court set Class Counsel’s fees at 20% 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:
The court of appeal has ordered the suspension of the execution of the judgment approving the settlement. Claimants may still submit claims; however, this appeal prevents the Administrator from processing claims until the appeal has been heard at the hearing scheduled on August 2nd, 2022.