** START OF THE CLAIM PERIOD **
On October 19, 2018, Siskinds Desmeules, the Quebec firm affiliated to Siskinds LLP, filed a proposed class action lawsuit against Arctic Cat inc., Arctic Cat Sales, inc., Textron inc., Yamaha Corporation, Yamaha Moteur du Canada ltée, Yamaha Motor Corporation, U.S.A. and Yamaha Motor Co., Ltd. (“the Defendants”)
The proposed action alleges that the Defendants snowmobiles equipped with a 7000 or 1049cc engine contain latent defects. It is alleged that these defects make it impossible or difficult to start the snowmobiles, which may result in repair costs and other damages to the members.
The action seeks to represent all persons in Canada who purchased or leased from the Defendants a snowmobile containing a 7000 or 1049cc engine. The models targeted by the class action are those for the years 2014 to 2018.
Update
On November 23, 2023, the Quebec Superior Court rendered a judgment in this matter, following a request by Arctic Cat that additional directions be issued to implement the National Settlement Agreement.
The purpose of this judgment is to extend the claim period for Class Members who purchased an affected Arctic Cat snowmobile and who wish to obtain compensation under the Settlement Agreement. The claims process for affected Yamaha snowmobiles is now closed.
Full details and terms of the Settlement Agreement and claims process can be found in the notices to members, also available in the documents section.
Arctic Cat :
- ZR 7000 LXR
- ZR 7000 Sno Pro
- ZR 7000 Limited
- ZR 7000 El Tigre
- ZR 7000 RR
- Pantera 7000
- Pantera 7000 Limited
- M 7000 Sno Pro
- XF 7000 Cross Country
- XF 7000 Crosstour
- XF 7000 High Country
- XF 7000 Limited
- XF 7000 LXR
- XF 7000 Sno Pro
- XF 7000 Cross Country Sno Pro
Yamaha :
- The Viper series
Developments
Arctic Cat and Yamaha Class Action Settlement
This national class action lawsuit was commenced in Québec (the “Class Action”) against Arctic Cat and Yamaha (the “Defendants”). The Plaintiff in the Class Action alleges that the starter installed in the Affected Snowmobiles was deficient and seeks damages from the Defendants.
The Defendants deny any wrongdoing or liability. Nonetheless, a National Settlement Agreement has been reached whereby all claims by those who purchased or leased the Affected Snowmobiles will be settled (the “National Settlement Agreement).
On March 8, 2021, the Superior Court of Quebec authorized the class action for settlement purposes and approved the content of notices to class members.
In the same judgment, the Court designated EPIQ Global Inc. as the claims administrator.
The National Settlement Agreement was approved on July 30, 2021 by the Superior Court of Quebec. You can view a copy of the order by clicking here (courtesy translation).
The claim period is now in effect. You have until March 9, 2022 to submit a claim form. For more information, please consult the long form notice of settlement by clicking here.
All information regarding the National Settlement Agreement, the affected snowmobiles, the rights and options available to Class Members, important dates, and all relevant documents can be found on the Claims Administration's dedicated website.
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 snowmobiles class action?
You are affected by the class action and are a “member” of the class if you purchased or leased a snowmobile equipped with a 7000 or 1049cc engine, models 2014 to 2018, designed, developed, manufactured, marketed and/or sold by one of the Defendants.
Can I join the class action?
There are no steps required to “join” the class action. Unless you opted-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.
I still have a question. Who should I contact?
If you have any other questions, please complete the contact form below.
Documents
Application for authorization to institute a class action
Quebec Superior Court Judgement - November 23, 2023
Arctic Cat - Short Form Notice
To view all relevant documents for this class action, please visit the Claims Administration's website.