The certification motion was heard on September 18-20, 2023.  By decision dated October 5, 2023, the action was certified on a limited basis.  The court dismissed the claims for failure to warn and for breach of the duty to compensate for shoddy and dangerous goods, and dismissed all of the claims of one of the proposed representative plaintiffs, Ms. North.

As a result, the class definition was narrowed as follows:

All persons, except for Excluded Persons, who purchased or leased model year 2012-2015 BMW vehicles in Canada equipped with the N20 Engine, who have incurred repair expenses relating to damage incurred, or damage imminently averted, due to malfunction or imminent malfunction of their vehicle’s timing chain system, prior to October 5, 2023.

A copy of the decision can be viewed here.

The Plaintiff is appealing this decision to the Court of Appeal.  The appeal has not yet been scheduled.

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.

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?

Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.

Who is affected by the BMW-N20 Engine Class Action?

You are a member of the proposed class if you are a person who purchased or leased a model year 2012-2015 BMW vehicle in Canada equipped with the N20 Engine, who have incurred repair expenses relating to damage incurred, or damage imminently averted, due to malfunction or imminent malfunction of their vehicle’s timing chain system, prior to October 5, 2023.

Can I join the class action?

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

Can I exclude myself from the class action?

Yes. Following the appeal of the certification decision, you will be given an opportunity to opt out (exclude yourself from the class action). If you opt out, you will not be able to participate in any settlement or court award achieved in the class action, but you may be able to pursue your claim on an individual basis. Generally speaking, you would only want to opt out of a class action if you intend to bring an individual action. In most circumstances, it is more cost effective to participate in a class action because the legal costs are spread over a large number of people, making it more economic for any individual class member to obtain relief.

What should I do to protect my rights?

To protect your rights, you should:

1. Keep copies of any purchase or lease documents for your vehicle;
2. Keep copies of any invoices, receipts or service records for any repairs performed on your BMW N-20 engine; and
3. Register to receive updates on this case by filling out the form below.

I still have a question. Who should I contact?

If you have any other questions, please complete the Get in Touch form below.

• October 5, 2023 Certification Decision, Rego v Bayerische Motoren Werke AG, 2023 ONSC 5244