Top Class Actions  |  September 28, 2021

Category: Closed Settlements

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This settlement is closed!

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bmw canada
(Photo Credit: FotograFFF/Shutterstock)

Consumers who owned or leased specific BMW vehicles may be eligible to claim a $40 credit, either $177 or $141 to cover the costs of replacement parts, and up to $750 to cover out-of-pocket expenses associated with an adverse thermal event thanks to a $1.3 million BMW Canada class action settlement.

Class Members include residents of the province of Quebec who owned or leased a BMW vehicle subject to recall campaign No. 2017-470, 2019-170, 2017-588, or 2019-384 and who are not considered an Excluded Person. 

To verify settlement Class status, residents should use the VIN Look-Up System.

Excluded Persons include BMW affiliates, employees, directors, officers, distributors, retailers, and those who have previously filed a claim regarding the recall campaigns.

Two Subgroups also have been created: The Engine Crankcase Ventilation (PCV) Heater Subgroup and the Fan regulator Wiring Harness Subgroup.

The PCV Heater Subgroup includes consumers who own or rent a subject vehicle in recall campaign No. 2017-470 or No. 2019-170 and were residents in the province of Quebec on the date of the campaign applicable recall (Sept. 28, 2017, and April 5, 2019, respectively). The vehicles included in this group are: 

  • BMW 1 Series (2008 to 2011 models)
  • BMW 3 Series (2006 to 2011 models)
  • BMW 5 Series (2006 to 2011 models)
  • BMW X3 (2007 to 2011 models)
  • BMW X5 (2007 to 2010 models)
  • BMW Z4 (2006 to 2011 models)

The Fan Regulator Wiring Harness Subgroup is made up of those who owned or rented a subject vehicle in recall campaign No. 2017-588 or No. 2019-384 and were residents in the province of Quebec on the date of the campaign applicable reminder (Nov. 30, 2017, and Aug. 7, 2019, respectively). The vehicles included in this group are:

  • BMW 1 Series (2008 to 2012 models)
  • BMW 3 Series (2006 to 2011 models)

Some BMW settlement Class Members may belong to both groups.

In a class action lawsuit against BMW Canada, plaintiffs allege the company didn’t do enough to disclose a fire risk present in certain BMW models. The plaintiffs additionally claim certain vehicles were falsely advertised as safe.

BMW Canada denies any and all wrongdoing and liability. 

The Court did not make a ruling on the case, but all parties extensively reviewed the facts, laws related to the case, and potential risks of continuing with the claim. Both parties agreed that a settlement was in their best interests.

All Class Members are eligible to receive a $40 credit redeemable at BMW dealerships throughout Canada. This credit does not expire.

Class Members that experienced an adverse thermal event and got their vehicle repaired without insurance can also claim $177 for replacement parts and up to $750 for out-of-pocket expenses. Class Members belonging to the PCV Subgroup that needed to park outside during Recall Campaign No. 2018-470 and No. 2019-170 can also claim an additional $50 credit.

Class Members that experienced an undesirable thermal event and got their vehicles repaired without insurance can claim $141 for replacement parts and $150 for out-of-pocket expenses.

To receive the $40 credit in this class action lawsuit, no document or proof is required, but the Class Member must file a claim. 

To receive further compensation, Class Members in this class action settlement must provide a copy of the invoice regarding the necessary repairs.

The final hearing in the BMW settlement takes place June 1, 2021.

Class Members who do not opt out will not be able to object to the settlement once the case concludes. Class Members who wish to opt out must do so by May 11, 2021.

The deadline to file a claim is Nov. 16, 2021.

Who’s Eligible

Class Members include residents of the province of Quebec who owned or leased a BMW vehicle subject to recall campaign No. 2017-470, 2019-170, 2017-588, or 2019-384 and who are not considered an Excluded Person.

Potential Award

Varies

Proof of Purchase

No proof of purchase required.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

11/16/2021

Case Name

Pasaje v. BMW Canada INC., file no. 500-06-000915-187, in the Superior Court of Quebec

Final Hearing

06/01/2021

Settlement Website
Claims Administrator

Collectiva Class Actions Services Inc.
200-2170 Rene-Levesque W. Blvd.
Montréal, QC H3H 2T8
qcpcvregsettlement@collectiva.ca
514-807-2764
855-807-2764

Class Counsel

Joey Zukran Mtre
LPC ADVOCAT INC

Defense Counsel

Sebastien Richemont Mtre
Noah Boudreau Mtre
Peter Pliszka Mtre
FASKEN MARTINEAU DUMOULIN LLP

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.