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Siskinds LLP and Sotos LLP have filed a proposed national class action against Ford and Bosch alleging that illegal defeat devices were installed in certain Ford F-250 and F-350 vehicles model years 2011-2017.

Siskinds’ Québec-based affiliate, Siskinds Desmeules, also filed a similar action on behalf of Québec residents. On May 9, 2019, the Superior Court  ruled on a stay order to give priority to the Ontario action (click here to consult the stay order).

The proposed class action alleges that the Ford defendants and the Bosch defendants equipped these vehicles with software that allowed them to defeat emissions testing. It is alleged that under ordinary driving conditions, these vehicles emit levels of pollutants that are far higher than advertised and allowed by law.

Do you own or lease a 2011-2017 Ford F-250 or 2011-2017 Ford F-350 Super Duty truck equipped with a Power Stroke Turbo Diesel engine? Have you ever owned or leased one of these vehicles? If so, we want to hear from you. Please fill out the form below to learn more about our litigation. Your information will be held in strict confidence.

Developments

On January 29, 2020, Siskinds and Sotos amended their pleadings to add Oakridge Ford Sales (1981) Limited as a defendant and proposed representative defendant for a class of all Ford dealers in this action.

The litigation is ongoing, and has not yet been certified.

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 a Power Stroke Turbo Diesel engine:

  • F-250 Super Duty truck, model years (inclusive) 2011-2017
  • F-350 Super Duty truck, model years (inclusive) 2011-2017

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.

On January 29, 2020, Siskinds and Sotos amended their pleadings to add Oakridge Ford Sales (1981) Limited as a defendant and proposed representative defendant for a class of all Ford dealers in this action.

The litigation is ongoing, and has not yet been certified.

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 a Power Stroke Turbo Diesel engine:

  • F-250 Super Duty truck, model years (inclusive) 2011-2017
  • F-350 Super Duty truck, model years (inclusive) 2011-2017

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.

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