Ontario Action

Siskinds is of the opinion that this class proceeding is no longer viable, and the representative plaintiffs no longer wish to pursue the claim against BMW and Bosch dealer defendants. On this basis, Siskinds sought and obtained the approval of the Ontario Superior Court of Justice to dismiss the proposed class proceeding.

The limitation period for bringing any potential claim to the issues raised in the proposed class proceeding, if there is any time left within it, has recommenced on July 31, 2023, except for Quebec residents. On the expiry of the limitation period, any right you may have to sue over these matters may be extinguished. Limitation periods vary across Canada. As such, you should seek legal advice from local counsel should you wish to pursue your claim on an individual basis. Please refer to the Order (Consent Dismissal) dated July 31, 2023 for further information.

Quebec Action

On October 10, 2023, the Superior Court of Quebec authorized the plaintiff to discontinue his application for authorization. A copy of the decision is available here (in French only). The statement of discontinuance is available here (in French only).

As a result of this discontinuance, the limitation period for bringing any legal action related to the matters raised in the proposed class action, if not already expired, began to run again on October 10, 2023. Please consult the notice to members for more information by clicking here.

Nothing in this notice is intended to constitute legal advice and you should consult the lawyer of your choice if you wish to file an individual claim.

What is a class action?

A class action is a lawsuit that is brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.

Who is affected by this class action?

You are affected by this class action if you owned or own, leased or lease in Canada one of the following vehicles equipped with Advanced Diesel with BluePerformance engine technology:

• BMW X5 xDrive35d, model years (inclusive) 2009 - 2013
• BMW 335d, model years (inclusive) 2009 - 2011

What does “certification” mean?

Certification is the motion where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).

Do I have to pay anything to participate in the class action?

No. Class counsel will be paid on a contingency basis. This means that class counsel is only paid if successful. Class counsel will be paid a percentage of any settlement or court award, subject to court approval.

Can I join the class action?

There are no steps required to “join” the class action. Unless you opt out (exclude yourself from the class action), then assuming you fall within the scope of the class definition, you are automatically included in the class action.

What should I do to protect my rights?

To protect your rights, you should keep any documents evidencing your purchase and/or lease of the vehicles that are covered by the class action.

I still have a question. Who should I contact?

If you have any other questions, please complete the contact form below.

Ontario (English Only)

• Statement of claim - March 27, 2018
• Order (Consent Dismissal) - July 31, 2023

Québec

• Application for authorization to institute a class action - July 23, 2020 (French only)
• Stay Order of the Quebec action - June 16, 2021 (French only)
• Decision on discontinuance - October 10 2023 (French only)
• Statement of discontinuance - October 12, 2023 (French only)
• Notice of discontinuance to members (French and English)