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Discussion Starter · #1 ·
Found an update on the Canadian Class action lawsuit against FCA.

FIAT CHRYSLER DIESEL EMISSIONS: UPDATES
  • February 12-13, 2020: The Court heard arguments about some portions of the plaintiffs’ certification motion. The rest of the hearing was adjourned until a future date, to be determined.
  • January 23, 2020: The plaintiffs’ motion for certification will be heard in Toronto on February 12-13, 2020.
  • October 9, 2019: The plaintiffs amended the claim to reflect problems arising from an FCA recall to re-program the Vehicles’ emission control mechanisms. You can find a copy of the Amended Amended Fresh Statement of Claim here.
  • July 2, 2019: Fiat Chrysler (FCA) has settled the class action lawsuit brought against it in the United States about the same diesel emissions cheating allegations. As part of that settlement, FCA is paying its American customers up to US$3,075 in compensation, and performing a software reprogramming to the vehicles’ emission system backed by an extended warranty.
    Although the applicable emissions regulations and the vehicles are identical in Canada, FCA has not settled this proposed Canadian class action. It has recalled affected vehicles in Canada to perform the software reprogramming, but is not offering monetary compensation or an extended warranty to Canadian vehicle owners.
    As a result of the confusion caused by this recall in Canada as well as the potential legal implications of the recall for Canadians, we applied to the court for an order requiring FCA to send a notice to all Canadian vehicle owners and lessees clarifying the effect of the recall. In its response, FCA confirmed that it would not seek a release from Canadian owners and lessees who choose to take their vehicles to FCA dealers for this software reprogramming. The Court dismissed the plaintiffs’ request.
    There is no legal impediment at this time to the Canadian owners and lessees obtaining the software reprogramming insofar as this proposed class action is concerned. However, we are not in a position to advise whether the software reprogramming will have an impact on the affected vehicles’ performance or fuel efficiency.
  • April 11, 2019: Certification motion is scheduled for February 11-13, 2020, before The Honourable Justice Belobaba.
  • January 17, 2019: The plaintiffs filed the Amended Fresh Statement of Claim with leave from the Honourable Justice Belobaba.
  • December 28, 2018: The Superior Court of Justice granted the plaintiffs’ opposed motion to amend the claim. You can find a copy of the Court’s decision here. The Court’s Order can be found here.
  • January 5, 2018: The plaintiffs issued a Fresh Statement of Claim by Order of the Honourable Paul Perell of the Ontario Superior Court of Justice. You can find a copy of the Fresh Statement of Claim here. You can find a copy of the Order here.
  • June 2, 2017: The plaintiffs’ Motion Record on Certification was served on the defendants.
 

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I wish they would just buy the truck back from me. They lied and i hate being lied to. The truck i love but has been a roller-coaster ride since day one. I bought the truck to save on fuel and do more millage on a tank. I was doing at first 9L/100KM now since they flashed it a couple time i never can get under 11L/100KM it sucks.
 

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Discussion Starter · #3 ·
Sent this to the lawyers of the class action in Canada.

"Are there any updates for the FCA Emissions Class action? The last post on the website was May 07, 2020 mentioning a case conference on May 15, 2020."

Got this reply,

"Thank you for your e-mail. We are scheduling the continuation of the certification motion for later this year. Once it has been scheduled, we will send an update e-mail to all class members.

Best regards,"
 

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Hi: All... The only thing I know about "Class action" is that just when I got to middle class... they cancelled it!!!
Dieseldragon North shore of Lake Erie.
 

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The updates for the Canadian Class action can be found on the Sotos site. Updates after the original post:
  • November 19, 2020: The plaintiffs perfected their appeal of the dismissal of the certification motion. The hearing of the appeal is scheduled before the Divisional Court for April 29, 2021.
  • October 16, 2020: The plaintiffs served and filed their notice of appeal, seeking to appeal the dismissal of the certification motion.
  • September 18, 2020: The Court dismissed the plaintiffs’ motion for certification on the basis that there was no evidence of consumer harm. A copy of the decision can be found here.
    The decision relates to all current and former Canadian owners and lessees of the affected vehicles, except Quebec residents whose claims are being prosecuted separately.
    The plaintiffs intend to appeal the Court’s decision. Please stay tuned for updates.
  • July 13, 2020: The Court will hear the continuation of the plaintiffs’ certification motion on September 10-11, 2020.
  • May 7, 2020: A Case Conference will be held with Justice Belobaba on May 15, 2020, further to the adjournment of the hearing in February 2020; the Plaintiffs will request a continuation and completion of the certification request.
Hopefully this means there will be another update soon.
 
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