Plaintiffs in Ontario and Quebec 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.
The action alleges 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 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 the plaintiffs’ allegations. The claims with respect to Edge and MKX vehicles will be discontinued by class counsel.Top
The Settlement Class Members (or “Settlement Class”) consist of all entities and natural persons in Canada who currently own or lease, or who in the past owned or leased, one or more Ford Explorers, Model Years 2011-2015, that was purchased or leased in any province or territory of Canada.
Excluded from the Settlement Class are: (1) Ford’s employees, officers, directors, agents, and representatives, and their family members; (2) presiding judges and Class Counsel; and (3) all those otherwise in the Settlement Class that properly opt out of the Settlement Class.Top
If you would like to participate in the Class Action you must submit a completed Settlement Claim Form to the Claims Administrator (RicePoint) by mail. Your Claim Form must be submitted by the later of:
Settlement Class Members are not personally liable to pay any legal fees or disbursements to Class Counsel or to the Defendants.
The benefits payable by Ford under the Settlement are net benefits to Settlement Class Members. 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.Top
Your Claim Form must be submitted by the later of:
You may choose to exclude yourself from the settlement (Opt Out). If you wish to be excluded, you must submit a completed Opt Out Form to the Claims Administrator by April 17, 2018.Top
Notice of New Technical Service Bulletin (“2016 TSB”). You are hereby notified that in or around December 2016, Ford issued the 2016 TSB describing updated procedures to address exhaust odour in the Class Vehicles. The 2016 TSB includes two phases of service: (1) air conditioning system recalibration and sealing of gaps in the passenger compartment (“Phase 1 Service Repair”); and, (2) if an Authorized Ford Dealer determines that phase (1) did not eliminate the Exhaust Odour in Class Vehicles equipped with a normally aspirated 3.5-liter Twin Independent Variable Camshaft Timing engine, additional services may be performed, including installation of a modified exhaust system (Phase 2 Service Repair”).
The Settlement seeks to reimburse Settlement Class Members for Out-of-Pocket Expenses (the documented amount paid by the Settlement Class Member to an Authorized Ford Dealer for the parts and labour required to obtain an Exhaust Odour Repair).
“Exhaust Odour Repair” refers to any repair by an Authorized Ford Dealer to address Exhaust Odour in the Class Vehicle, including repairs performed under prior Exhaust Odour TSBs, namely TSB 12-12-14 or TSB 14-0130, the 2016 TSB described above, and any future Exhaust Odour TSB.
Out-of-pocket expenses eligible for reimbursement must have been incurred within the later of (1) 4 years / 85,000 kilometres after your 2011-2015 Ford Explorer was placed in service (whichever comes first) and (2) April 30, 2018.
The maximum available reimbursement amounts will be $230 or $655 per repair, depending on the nature of the repair. Ford will reimburse you for up to two repairs per Class Vehicle provided you submit the required supporting documentation.
Further details regarding the Settlement Benefits can be found in the Long-Form Notice.Top
In exchange for the benefits received under the Settlement, all claims of Settlement Class Members for economic loss arising from the alleged defects will be extinguished and released. The Settlement does not, however, extinguish or release any claims of the Settlement Class Members for personal injury arising from the alleged defects.Top
|Owners and Lessees in Canada Except Québec:||Québec and French inquiries:|
Investigation Counsel P.C.
350 Bay Street, Suite 300
Toronto ON M5H 2S6
Les Promenades du Vieux-Québec
43, rue Buade, Suite 320
Québec, QC G1R 4A2(418) 694-2009 firstname.lastname@example.org
Subject to the eligibility requirements below, a Settlement Class Member who receives an Exhaust Odour Repair to his or her Class Vehicle that fails to resolve the presence of Exhaust Odour in that Class Vehicle may submit for mediation, followed by (if necessary) binding arbitration to the Canadian Motor Vehicle Arbitration Plan (“CAMVAP”), a claim for breach of Ford’s New Vehicle Limited Warranty or any applicable Ford Extended Warranty. CAMVAP is a program that resolves disputes between consumers and vehicle manufacturers through mandatory arbitration: (for more information about CAMVAP, please visit its website: http://www.camvap.ca/en/). The claim may include, among other relief, damages for any Out-of-Pocket Expenses that he or she incurred for the unsuccessful Exhaust Odour Repairs.
To be eligible to participate in CAMVAP, the Settlement Class Member must meet the following eligibility requirements:
Arbitration determinations through CAMVAP will be final and binding on participating Settlement Class Members and Ford, with no right of appeal or further litigation.
The Settlement does not include current and former owners and lessees of the Excluded Vehicles. Their claims have been discontinued without prejudice to their rights to commence new proceedings to advance claims in relation to the Excluded Vehicles.
Because these claims have been discontinued, the applicable limitation periods are no longer suspended and have resumed running against current and former owners and lessees of the Excluded Vehicles.
The owners and lessees of the Excluded Vehicles could be barred from commencing new proceedings to advance their claims after the applicable limitation periods expire. Any such owner or lessee who wishes to pursue a claim should therefore seek independent legal advice in a timely manner to avoid the risk of that claim becoming statute-barred.Top
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.Top
If you have further questions please contact the notice administrator at: