Jensen Shawa Solomon Duguid Hawkes LLP (“JSS Barristers”) are Class Counsel in a class action commenced in Alberta against Hyundai Auto Canada Corp., Hyundai Motor America, Hyundai Motor Manufacturing Alabama LLC, and Hyundai Motor Company (collectively, “Hyundai”) alleging that the panoramic sunroofs installed in certain vehicles are susceptible to spontaneous shattering.
On March 20, 2019, Siskinds’ Québec-based affiliate, Siskinds Desmeules, also filed a similar action on behalf of Québec residents, that was amended on March 27, 2019.
The affected vehicles include:
- 2013-2018 model year Hyundai Santa Fe Sport vehicles;
- 2013-2018 model year Hyundai Santa Fe vehicles;
- 2013-2018 model year Hyundai Elantra GT vehicles;
- 2011-2018 model year Hyundai Sonata vehicles;
- 2011-2018 model year Hyundai Tucson vehicles; and
- 2011-2018 model year Hyundai Veloster vehicles
The action seeks to represent all persons in Canada who purchased one of the vehicles listed above.
Register for updates
If you are a Quebec resident and wish to receive updates on this class action, please contact Siskinds Desmeules by email at [email protected]. If you are not a Quebec resident and wish to receive updates on this class action, please contact JSS Barristers by email at [email protected].
Developments
Alberta Action
By reasons dated September 17, 2021, the action was certified as a class proceeding. You can view a copy of the decision by clicking here. The decision was appealed by the defendants.
By reasons dated March 13, 2023, the Court of Appeal allowed the appeal in part. The Court of Appeal determined that common issues regarding negligent misrepresentation, breaches of consumer protection legislation and implied warranty should not have been certified. Common issues relating to negligence and breach of express warranty were properly certified and can proceed to a common issues trial. You can view a copy of the decision by clicking here.
The parties are now in the discovery stage. As part of the discovery process, the parties are required to produce relevant documents and have an opportunity to ask questions of each other’s representatives.
If you are not a Quebec resident, please contact JSS Barristers at [email protected] or by calling 403.571.1520 for further information and to register to receive updates on this case.
Quebec Action
On October 7, 2019, the Quebec action was stayed by the Superior Court of Quebec to give precedence to the action in Alberta. You can view a copy of the order by clicking here.
If you are a Quebec resident, please contact Siskinds Desmeules by email at [email protected] or by calling 1.877.735.3842 for further information and to register to receive updates on this case.
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 Hyundai Panoramic Sunroof class action?
You are a member of the proposed class if you are a person in Canada who own, owned, lease or leased one of the following vehicles, equipped with a factory-installed or replacement panoramic sunroof:
- 2013-2018 model year Hyundai Santa Fe Sport vehicles;
- 2013-2018 model year Hyundai Santa Fe vehicles;
- 2013-2018 model year Hyundai Elantra GT vehicles;
- 2011-2018 model year Hyundai Sonata vehicles;
- 2011-2018 model year Hyundai Tucson vehicles; and
- 2011-2018 model year Hyundai Veloster vehicles
Can I join the class action?
There are no steps required to “join” the class action. Unless you opt-out (excluded yourself from the class action), 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 records of any purchases or leases of all vehicles listed;
- Keep copies of any invoices, receipts or service records for any repairs performed on your Hyundai panoramic sunroof.
- Register to receive updates. If you are a Quebec resident and wish to receive updates on this class action, please contact Siskinds Desmeules by email at [email protected] or by calling 1.877.735.3842. If you are not a Quebec resident and wish to receive updates on this class action, please contact JSS Barristers by email at [email protected] or by calling 403.571.1520.
I still have a question. Who should I contact?
If you are a Quebec resident, please contact Siskinds Desmeules by email at [email protected] or by calling 1.877.735.3842. If you are not a Quebec resident , please contact JSS Barristers by email at [email protected] or by calling 403.571.1520.
Documents
Alberta Action
- Certification Reasons dated September 17, 2021
- Court of Appeal Memorandum of Judgment dated March 13, 2023
Quebec Action
- Application to institute a class action dated March 20, 2019 (French Only)
- Amended Motion for authorization dated March 27, 2019 (French Only)
- Order to stay the Quebec action dated October 7, 2019 (French Only)