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On October 16, 2017 Siskinds LLP filed a proposed class action lawsuit against BMW related to certain car models containing the N2O 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 2011-2015.

Developments

The proposed class action is in the early stages of litigation.

The next step in the litigation will be the certification hearing.  At the certification hearing, the court will determine whether the litigation is properly prosecuted as a class action. The certification motion has not yet been scheduled.

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.

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 in Canada who purchased or leased a model year 2011-2015 BMW vehicle equipped with the N20 Engine.

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. If the class action is certified, 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.

The proposed class action is in the early stages of litigation.

The next step in the litigation will be the certification hearing.  At the certification hearing, the court will determine whether the litigation is properly prosecuted as a class action. The certification motion 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 in Canada who purchased or leased a model year 2011-2015 BMW vehicle equipped with the N20 Engine.

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. If the class action is certified, 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.

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