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|
|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).
5. The Consortium recommends that Class Members should register here.
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
MLG’S “CONTIGENCY FEE AGREEMENT AND INSTRUCTIONS” SENT ON JANUARY 22, 2016
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.
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.
22. All potential class members should register here.