Siskinds LLP filed a proposed class action against BMW and Bosch alleging that illegal defeat devices were installed in BMW X5 vehicles model years 2009-2013 and BMW 335d vehicles model years 2009-2011.
Siskinds, Desmeules, the Quebec firm affiliated with Siskinds LLP, filed a similar application on behalf of Quebec residents.
Developments
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 July 23, 2020, Siskinds, Desmeules filed a similar application for authorization to institute a class action in Quebec. You can view a copy of the application by clicking here.
On June 16, 2021, the Quebec action was stayed by the Superior Court of Quebec to give precedence to the Ontario action. You can view a copy of the order by clicking here.
FAQs
FAQs
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.
Documents
Ontario (English Only)
Québec (French only)
- Application for authorization to institute a class action - July 23, 2020
- Stay Order of the Quebec action - Quebec Superior Court - June 16, 2021