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Plaintiffs in Ontario and Québec brought proceedings in the courts of those provinces seeking to represent all persons in Canada who purchased or leased one or more Ford Explorers, Model Years 2011-2015; Ford Edge, Model Years 2011-2013; and Lincoln MKX, Model Years 2011-2013.
In the proceedings, the plaintiffs allege that certain model years of the Ford Explorer, Ford Edge, and Lincoln MKX have a defect that allows exhaust fumes to enter the passenger cabin. They allege that the defect makes driving these vehicles a health hazard which is potentially deadly and, as such, the vehicles are essentially valueless. Ford strenuously denies all of these allegations, including the allegation that there is any danger, any safety concern or any health risk whatsoever to occupants of these vehicles. The Canadian courts have not made any determination of the merit of any of the plaintiffs’ allegations. The claims with respect to Edge and MKX vehicles will be discontinued by class counsel.
A Canada-wide Settlement has been reached with Ford on behalf of current and former owners and lessees of 2011-2015 Ford Explorers sold or leased in Canada (Settlement Class Members). The Settlement seeks to reimburse Settlement Class Members for certain out-of-pocket expenses incurred for repairs to address exhaust odour. Further information relating to eligible out-of-pocket expenses can be found in FAQ#7.
In exchange for the benefits received under the Settlement, the plaintiffs, on behalf of the Settlement Class Members, have agreed to release all claims for economic losses arising from the alleged defects. The Settlement does not, however, extinguish or release any claims of the Settlement Class Members for personal injury arising from the alleged defects.
The Settlement does not include current and former owners and lessees of 2011-2013 Ford Edge and 2011-2013 Lincoln MKX (Excluded Vehicles). These claims will be discontinued without prejudice to those owners’ and lessees’ rights to commence new proceedings to advance claims in respect of those vehicles. When these claims are discontinued, the applicable limitation periods will no longer be suspended and will resume running. Current and former owners and lessees are therefore encouraged to seek independent legal advice in a timely manner to avoid the risk of their claim becoming statute-barred.
Detailed information regarding the Settlement can be found in the Long-Form Notice.
Under the terms of the Settlement, Ford agreed to pay Class Counsel’s reasonable fees and disbursements, which must be approved by the court. Class Counsel’s fees and disbursements are to be paid directly by Ford and they will not reduce any benefits available to class members under the Settlement. Class Counsel has brought a motion asking that the court order Ford to pay Class Counsel its reasonable fees and disbursements in the amount of $1,941,117.44 (including applicable taxes). Ford is opposing this motion. The hearing for this fee approval motion is scheduled to take place at the courthouse in Windsor, Ontario on May 7, 2018 at 10 a.m. A copy of the Notice of Motion (Approval of Counsel Fees) can be found here: Notice of Motion.
A copy of the Ontario Court’s Reasons and Order can be found here.
A copy of the Québec Court’s Order can be found here.
To review the Settlement Agreement, please click here.
Under the Settlement, if you are a current or former owner or lessee of a 2011-2015 Ford Explorer, Ford will reimburse you for your out-of-pocket expenses you incur to have your authorized Ford dealer prevent the entry of exhaust into your 2011-2015 Ford Explorer.
In order to prevent the entry of exhaust into the passenger compartment of your 2011-2015, Ford has developed and sent to its dealers a Technical Service Bulletin (the “2016 TSB”) which describes two repair phases, “Procedure 1” (or the Phase 1 Service Repair) and “Procedure 2” (or the Phase 2 Service Repair). Further information relating to the Exhaust Odour Repairs can be found in FAQ#7.
In order to be eligible for reimbursement of the out-of-pocket expenses you incur for these repairs, you must seek one or more of the above repairs within the later of:
In order to obtain reimbursement you must complete and submit a Settlement Claim Form, along with the required supporting documentation to the Settlement Administrator. Your claim form must be submitted by the later of:
PLEASE NOTE: In January 2018, Ford sent a letter to Ford Explorer owners notifying them of a new Customer Service Program that Ford has implemented to address concerns about exhaust odour in Ford Explorer vehicles. Under this Customer Satisfaction Program, some, but not all, the repair steps required under the 2016 TSB may be performed by your Ford dealer free of charge. A complete Phase 1 Service Repair under the 2016 TSB involves more rigorous testing, inspection, and diagnostics than what may be provided free of charge under the Customer Satisfaction Program. If you incur out-of-pocket expenses to receive the full Phase 1 Service Repair, or if you incur out-of-pocket expenses to receive a Phase 2 Service Repair, you can seek reimbursement for those out-of-pocket expenses by submitting a claim for reimbursement under the Settlement.
If you wish to be excluded from this Settlement, you must mail a completed Opt Out Form to the Settlement Administrator (RicePoint) on or before April 17, 2018.
|Opt Out Deadline||April 17, 2018|
|Deadline to seek Eligible Repair(s)||
4 years / 85,000 kilometres after your 2011-2015 Ford Explorer was placed in service (whichever comes first);
June 29, 2018;
two months after the date that your authorized Ford dealer completed the repairs for which partial reimbursement is sought.