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Jan 9, 2022

Ford Fuel I Class Action

UPDATE:  July 26, 2022

In April 2022, a summary judgment motion was heard before the Honourable Justice Belobaba of the Ontario Superior Court of Justice.  During the summary judgment motion, Class Counsel requested that the previously certified common issues be decided in favour of all Class Members and counsel for Ford requested the action to be dismissed in its entirety.

On June 15, 2022 Justice Belobaba ruled in favour of Ford and dismissed the action.  To view the decision of Justice Belobaba, click here.

On July 22, 2022, Class Counsel filed an appeal with the Ontario Court of Appeal seeking to overturn the decision of Justice Belobaba.  To view the Notice of Appeal, click here.  We are currently awaiting a date for the appeal to be heard by the Court of Appeal.

Updates will continue to be posted on this website as available.

UPDATE: January 10, 2022

This class action is brought on behalf of all persons who purchased or leased a new 2013 or 2014 model-year Ford vehicle in Canada.  The claim alleges that Ford made false, misleading, and/or deceptive representations about the fuel consumption of 2013 and 2014 model-year vehicles. Robins Appleby LLP and McKenzie Lake Lawyers LLP are working cooperatively as Class Counsel.

The action was commenced in January 2016. To view the most recent copy of our Statement of Claim, click here.

On December 20, 2018, the action was certified by the Honourable Justice Morgan of the Ontario Superior Court of Justice. To view the Certification Order, click here

To view the Notice of Certification, advising the public and Class Members of the potential impact on their rights, click here for the Notice of Certification Long Form in English and French. Click here for the Notice of Certification Short Form in English and FrenchThis notice does not mean that the Court has taken a position as to the likelihood of recovery on the part of any Class Member, or as to the merits of the claims or defences asserted by either side.

The matter remains ongoing and has not yet been resolved.

If you choose to pursue an individual litigation action against the Defendants for the allegations included in this Action and do not wish to participate in this class action, you must opt out of this class action.  To opt out of this class action, please complete and return the opt out form to Class Counsel on or before March 11, 2022.  A copy of the opt out form can be obtained here in English and French.  If you opt out, you will not receive any benefit if the action is successful.

Should you have any questions regarding this action after reading the below FAQ, please feel free to contact Class Counsel at:

Robins Appleby LLP

Toll Free Tel: 1 (877) 221-9131

 

Email: fordclassaction@robapp.com

 

 

McKenzie Lake Lawyers LLP

Toll Free Tel: 1 (844) 672-5666

 

Email: edwards@mckenzielake.com

 

Ford Fuel – Class Actions Frequently Asked Questions (FAQ)

1. What is a class action?

A class action, also known as a class proceeding, is a lawsuit which provides a method for a large group of people with common claims to join together to advance one larger claim.  Class actions have the advantage of being a more efficient and cost-effective way for groups of people with common claims to gain access to the legal system and seek justice.

 

2. What does certification mean?

In order for an action to proceed as a class action, the court must determine whether it is appropriate for the case to be treated as a class action.  Some of the factors the courts consider are the extent to which the claims of the class members are common, and whether a class action is preferable to other methods (such as individual actions) of advancing the issues.  The decision as to whether the class action should be certified takes place at a certification hearing and is decided by a judge.  If certified, a representative plaintiff will advance the action on behalf of all of the Class Members.

Robins Appleby LLP and McKenzie Lake Lawyers LLP have successfully certified the class action against Ford on behalf of all persons who purchased or leased a new 2013 or 2014 model-year Ford vehicle in Canada.

 

3. How do I know if I am a Class Member?

The certification order will always contain a description of who is a Class Member. We post the certification order in our actions so that you can review them. To view the Certification Order of Justice Morgan dated December 20, 2018, click here.

For this action, all individuals and/or corporations who purchased or leased a new 2013 or 2014 model-year Ford vehicle in Canada are Class Members.

4. Are Class Members notified of the certification of the class proceeding?

Yes. After the claim has been certified, the court will authorize notice to be given to the Class Members.

To view the Notice of Certification of this class action brought on behalf of all persons who purchased or leased a new 2013 or 2014 model-year Ford vehicle in Canada, click here for the Notice of Certification Long Form in English and French. Click here for the Notice of Certification Short Form in English and French.

 

5. What do I have to do to join a class action?

You do not have to join or sign up to become involved in this class action.  If you fall within the definition of the class, as certified by the Court, you are automatically a member of this class action unless you choose to opt out. Each Class Member who does not opt out of the class action will be bound by the terms of any judgment or settlement, successful or unsuccessful, and will not be allowed to pursue or continue an independent action.

 

6. How do I opt out of a class action?

Class Members who do not want to participate in the class action must opt out. If you would like to opt out of this class action, you must complete and return the opt out form (English/French) to Class Counsel on or before March 11, 2022.

A copy of the opt out form can be obtained at www.robinsappleby.com or www.mckenzielake.com  or by contacting Class Counsel using the telephone numbers or email addresses listed below.

If you opt out, you will not receive any benefit if the action is successful.

 

7. If I decide I would like to remain a Class Member, what rights am I giving up?

Each Class Member who does not opt out of the class action will be bound by the terms of any judgment or settlement, successful or unsuccessful, and will not be allowed to pursue or continue an independent action.

 

8. Once I decide I would like to remain a Class Member, do I have to do anything?

No. We, as Class Counsel, work primarily with the class representative to advance the action on behalf of all Class Members.

 

9. What if I would like to pursue independent legal action?

You must opt out of the class action. See “how do I opt out of a class action?” above for more information.

 

10. How will counsel keep me updated on the progress of the case?

General information about the lawsuit will continue to be posted on Class Counsels’ websites at https://www.robinsappleby.com/ or https://www.mckenzielake.com/.

 

11. Where can I send any documents that I have that may be relevant to a class action?

We ask that you keep a copy of any documents, correspondences, records, etc. that you feel might be relevant to your individual claim. In the event that the matter is resolved favourably on behalf of the class, this documentation may be required in order to support your claim for compensation.

There is no requirement that you send any documents to us at this time.

 

12. As a Class Member, do I have any responsibility to pay for any costs awards made in the litigation?

No. Class Members, other than the class representative, are not liable for costs except with respect to the determination of their own individual claims.

 

13. As a Class Member, do I have any responsibility for the legal fees of Class Counsel?

No. Class Members are not responsible for the legal fees of Class Counsel.

 

14. How can I contact Class Counsel?

 You can reach Class Counsel at:

Robins Appleby LLP

Toll Free Tel: 1 (877) 221-9131

 

Email: fordclassaction@robapp.com

 

 

McKenzie Lake Lawyers LLP

Toll Free Tel: 1 (844) 672-5666

 

Email: edwards@mckenzielake.com

 

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