INTRODUCING THE LAWYERS

1. The national Consortium of Class Action firms comprised of Sutts, Strosberg LLP; Siskinds LLP; Koskie Minsky LLP; Roy O’Connor LLP; MacKenzie Lake Lawyers LLP; Rochon Genova LLP; Branch MacMaster LLP; and Camp Fiorante Matthews Mogerman, are prosecuting this Volkswagen/Audi/Porsche Class Actions. The Consortium is supported by Garcha & Co.; James H. Brown & Associates; D’Arcy & Deacon LLP; Boudreau Law; McCague Borlack LLP; Barnable Law P.C.; Gilbert McGloan Gillis; McKercher LLP; McPhadden, Samac, Tuovi LLP; Klein Lawyers; and Lemer and Company.

THE DEFINITION OF CLASS MEMBERS AND VEHICLE MODELS INVOLVED IN THESE CLASS ACTIONS

2. These Class Actions concern the installation of so-called “defeat devices” in certain vehicles.  It is alleged in these Class Actions that the intentional dangerous design, manufacture and installation of these devices in certain diesel Vehicles defeated or suppressed the true measure of emissions and pollutants, including nitrogen oxide.

3. The “Class” and “Class Members” are defined as: all persons in Canada, except the Excluded Persons and persons residing in Quebec, who owned or leased a diesel vehicle listed below on the dates listed below:

(a) on September 18, 2015: 

MODEL MODEL YEARS: INCLUSIVE
Volkswagen Jetta 2009 - 2015
Volkswagen Jetta Wagon 2009
Volkswagen Golf 2010 – 2013, 2015
Volkswagen Passat 2012 - 2015
Volkswagen Beetle 2013 - 2015
Volkswagen Golf Wagon 2010 - 2014
Volkswagen Golf Sportswagon 2015
Audi A3 2010 – 2013, 2015
   
(b) on November 2, 2015: 
 
MODEL MODEL YEARS: INCLUSIVE
Audi A6, A7, A8, A8L, Q5, Q7 2009 - 2016
Porsche Cayenne 2013 - 2016
VW Touareg 2009 - 2016

4. “Excluded Persons” means:

a. the defendants and their officers and directors;
b. the authorized motor vehicle dealers of the defendants and the officers and directors of those dealers; and
c. the heirs, successors and assigns of the persons described in subparagraphs (a) and (b).

PLEASE REGISTER WITH THE CONSORTIUM

5.  The Consortium recommends that Class Members should register here
 
A CANADA-WIDE CLASS ACTION WAS STARTED IN ONTARIO
 
6. The Consortium started an Ontario Class Action seeking to represent all the Class Members described paragraph 3 (a) and (b).
 
THE CONSORTIUM WAS CHOSEN BY THE ONTARIO SUPERIOR COURT OF JUSTICE OVER THE MERCHANT LAW GROUP
 
7. Another law firm, The Merchant Law Group (“MLG”), commenced a Canada-wide Class Action in Ontario.  MLG is not a member of the Consortium.  An Ontario Supreme Court judge named Justice Belobaba, heard a motion to decide who should control the Class Action in Ontario (called a “carriage motion”).  The only competing firms were the Consortium and MLG.

8. On December 4, 2015, Justice Belobaba ordered that the Consortium be granted “carriage” of the Ontario Class Action. He ordered that MLG carriage motion was dismissed as abandoned because MLG withdrew its motion to control this class action in Ontario. Justice Belobaba order MLG’s Ontario class action stopped (stayed).  A copy of the December 4, 2015 order can be read here.

THE CONSORTIUM'S CLASS ACTION IS CONTINUING
9. Justice Belobaba also directed that the certification hearing will be heard on June 7 and 8, 2016 in Toronto. Certification is an essential step in a Class Action. If the Class is successful, it will enable all Class Members in Canada (except Quebec) to prosecute their claims together. The Consortium delivered its certification material on February 5, 2016.


MLG’S “CONTIGENCY FEE AGREEMENT AND INSTRUCTIONS” SENT ON JANUARY 22, 2016
 

10. On January 22, 2016, MLG wrongfully delivered an email to some of the Class Members, who registered on its website, requesting them to sign a “Contingency Fee Agreement And Instructions” and return the signed document to its office. MLG said it would sign the Agreement and return a copy to the Class Member.

11. Because MLG delivered the “Contingency Fee Agreement And Instructions,” the Consortium brought a motion before the Justice Belobaba, the presiding Ontario judge.

 JUSTICE BELOBABA SAID THAT MLG’S CONDUCT WAS IMPROPER: HE ORDERED MLG TO SEND A CORRECTIVE EMAIL AND TO PAY $40,000 IN COSTS

 12. On Wednesday, February 3, 2016, MLG and the Consortium appeared before Justice Belobaba in Toronto. In open court, Justice Belobaba said that the MLG’s “Contingency Fee Agreement And Instructions” appeared to be an attempt to “poach, scoop and grab” Class Members of this potential Class Action. You may read here a Globe and Mail report about this court hearing.
 
13. Justice Belobaba concluded that MLG wrongfully delivered its “Contingency Fee Agreement And Instructions.” He ordered that MLG must notify Class Members who registered on MLG’s website by sending a corrective notice. He also ordered that MLG pay $40,000 in costs to Class Counsel. MLG delivered this corrective notice by email on February 8 and 12, 2016.

14. Justice Belobaba’s reasons may be read here.

15. You may read here, the full corrective notice that Justice Belobaba ordered MLG to send.

16. All Class Members, who have signed a “Contingency Fee Agreement And Instructions” and returned it to MLG, should be aware that MLG will not be signing, or relying upon that Agreement or returning the signed Agreement to any Class Members.

17. MLG has appealed this decision to the Ontario Court of Appeal. The appeal is outstanding. When MGL’s appeal is decided, Class Counsel will post the Court of Appeal’s decision.

MLG TRIES AGAIN: IT SENT AN AMENDED “CONTINGENCY FEE AGREEMENT AND INSTRUCTIONS”

18. On February 15, 2016, without telling the Court or Class Counsel, MLG sent an amended “Contingency Fee Agreement And Instructions” to every Class Member who registered with MLG.

19. In Class Counsel’s opinion, MLG’s conduct sending this amended “Contingency Fee And Instructions” was again improper and contrary to the carriage order on December 4, 2015. 

20. Class Counsel have made a motion to cite MLG for contempt of Court.  This motion is pending.

21. Class Members who have received communications from MLG should know that they do not need to enter into an individual retainer with any law firm, in order to participate in a Class Action. Each potential Class Member will have the choice to participate in any class action, if and when, the class action is later authorized (certified) by the Court. No one needs to make a decision to opt-out of (be excluded from) any Class Action at this time. In Class Counsel’s opinion, no Class Member should start an individual action or with other named owners against Volkswagen or Audi or Porsche.

REGISTRATION

22.  All potential class members should register here
 
23.  If you have questions, please call our toll free number 1.800.281.3120.
 
If you would like to learn more about how a class action works, please click here.