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Jensen Shawa Solomon Duguid Hawkes LLP (“JSS Barristers”) and Siskinds LLP (“Siskinds”) 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.

If you or someone you know bought or leased one of the listed vehicles, contact us today.

Join the action today

Fill out the form below to join the action and receive updates on this case. Our lawyers will be in touch.

Developments

The certification motion was heard in Calgary, Alberta on January 15-17, 2020.

At the certification motion, the court is to determine whether the litigation is properly prosecuted as a class action. The decision has not been rendered yet.

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.

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:

  1. Keep records of any purchases or leases of all vehicles listed;
  2. Keep copies of any invoices, receipts or service records for any repairs performed on your Hyundai panoramic sunroof.
  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.

For information in French or to contact our Quebec office, Siskinds, Desmeules, call us at 418-694-2009 or at the toll-free number 1-877-735-3845 or email us at [email protected].

Documents

Application to institute a class action - March 20, 2019 (French Only)

Amended Motion for authorization –  March 27, 2019 (French Only)

Order to stay the Quebec action - Quebec Superior Court – October 7, 2019 (French Only)

The certification motion was heard in Calgary, Alberta on January 15-17, 2020.

At the certification motion, the court is to determine whether the litigation is properly prosecuted as a class action. The decision has not been rendered yet.

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.

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:

  1. Keep records of any purchases or leases of all vehicles listed;
  2. Keep copies of any invoices, receipts or service records for any repairs performed on your Hyundai panoramic sunroof.
  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.

For information in French or to contact our Quebec office, Siskinds, Desmeules, call us at 418-694-2009 or at the toll-free number 1-877-735-3845 or email us at [email protected].

Application to institute a class action - March 20, 2019 (French Only)

Amended Motion for authorization –  March 27, 2019 (French Only)

Order to stay the Quebec action - Quebec Superior Court – October 7, 2019 (French Only)

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