On October 16, 2017 Siskinds LLP filed a proposed class action lawsuit against BMW related to certain car models containing the N20 engine.
The proposed action alleges that BMW vehicles equipped with the "N20" engine contain defects in the primary and secondary assembly chains. It is alleged that these defects cause the chains to wear out prematurely, resulting in costly repairs borne by the proposed class.
The action seeks to represent all persons who purchased or leased a BMW vehicle containing the N20 engine during the period between 2012-2015.
Developments
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 and Defendants separately appealed this decision to the Court of Appeal on November 12, 2024. By decision dated May 2, 2025, the Court of Appeal dismissed the Plaintiff’s appeal and granted the Defendants’ cross-appeal. As a result, the certification decision has been set aside. A copy of the decision can be viewed here. The Plaintiff is seeking leave to appeal this decision to the Supreme Court of Canada.
FAQs
Who is affected by the BMW-N20 Engine Class Action?
The action is brought on behalf of all persons who purchased or leased a BMW vehicle containing the N20 engine during the period between 2012-2015.
What should I do to protect my rights?
To protect your rights, you should:
- Keep copies of any purchase or lease documents for your vehicle;
- Keep copies of any invoices, receipts or service records for any repairs performed on your BMW N-20 engine; and
- Register to receive updates on this case by filling out the form below.
I still have a question. Who should I contact?
For answers to common questions about class actions in Canada, such as timelines, eligibility, and settlement information, please visit our Class Action Lawsuit FAQ page.
Email us at [email protected] or contact us by phone at 519.672.2121 or toll free at 1.800.461.6066.
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Documents
- October 5, 2023 Certification Decision, Rego v Bayerische Motoren Werke AG, 2023 ONSC 5244
- May 2, 2025, Court of Appeal Certification Decision, North v Bayerische Motoren Werke AG, 2025 ONCA 340