CLASS ACTION AGAINST MAZDA CANADA INC.

On June 3, 2010, the bringing of a class action on behalf of the representative, Lise Fortin, was authorised by the Superior Court of Quebec regarding an action to obtain a price reduction, compensatory and punitive damages in order to punish the defendant, Mazda Canada Inc., for a defect in the conception, for an at fault behavior following the discovery of the defect and for its use of prohibited trade practices related to the locking system of its Mazda 3 vehicles, years 2004 to 2007.

 If you wish to consult the Judgment authorizing the class action, please click here.

The Application alleges that Mazda Canada Inc. commercialized the Mazda 3 vehicle in 2004 with the driver’s side door locking system being defective which resulted in increased thefts or malicious attacks on these vehicles. A system for correcting the driver’s side door locking system was only implanted starting on December 31, 2006.

The Application claims for the members of Group 1, the reimbursement of the cost of repairing the damage to the driver’s side door during an attempted or successful malicious intrusion, the reimbursement of the cost of the insurance deductible related to this repair, if applicable, the reimbursement of the value of the stolen items during the malicious intrusions and the reimbursement of the cost of the insurance deductible related to the these items, if applicable, and for the members of Group 2, a price reduction and the reimbursement of the average financing fees, if applicable. If you wish to consult the Application, please click here.

On January 15 and 26, 2016, the Court of Appeal granted in part the class action and recognized the fault committed by the defendant, Mazda Canada Inc. The Court ordered compensation for the members of Group 1 in the form of the reimbursement of the cost of repairing the damage to the driver’s side door during an attempted or successful malicious intrusion, the reimbursement of the cost of the insurance deductible related to this repair, if applicable, the reimbursement of the value of the stolen items during the malicious intrusions and the reimbursement of the cost of the insurance deductible related to the these items, if applicable. Regarding the members of Group 2, the Court sent the file back in the Superior Court for a hearing on the amount of damage corresponding to the reduction of their obligation.

If you wish to consult the Judgment of the Court of Appeal of Quebec, please click here.

Please note that if you fall within the definition of the Groups as described in the Judgment of the Court of Appeal of Québec, you are automatically part of the class action, without having to register.

 If you already instituted an application originating proceeding with the same object as the class action, you are deemed excluded from the Groups if the application was not discontinued no later than August 12, 2010.

 If you have not already instituted an application originating proceeding with the same object as the class action, you had until August 12, 2010 to be excluded from the Groups.

If you wish to consult the Notice to Members following the authorization of the class action against Mazda Canada Inc., please click here.

The parties’ attorneys are awaiting a hearing date regarding the diffusion, claim and distribution process for the members of Group 1.

 On December 9, 2020, the Superior Court of Quebec rejected the claim for the reduction of the price and declared that the members of Group 2 could not be compensated for their damage. If you wish to consult the Notice of Appeal, please click here. We filed a Notice of Appeal on January 8, 2021 and the file will take its course before the Court of Appeal of Quebec. If you wish to consult the Notice of Appeal, please click here.

If you are domiciled or residing in Quebec, and is or have been lessees, finance lessees or owners of a make and model Mazda 3 vehicle, years 2004, 2005, 2006 and 2007:

  • who were victims of a theft or an attack which left one or more dents around the driver’s side door handle, or
  • acquired between October 3, 2006 and January 28, 2008 if, when acquired, the vehicle door’s locking system was defective;

we would be pleased to discuss with you, on a confidential basis and free of charge, in order to inform you of the rights of consumers in the context of this file. You may reach Mtre. Maripier Ainey, the paralegal responsible for this file, by calling at 514-982-4545, or by sending an email at classactions@woods.qc.ca.

Woods LLP is a boutique law firm with significant experience in the field of class actions. We take all necessary precautions to maintain the anonymity of those who so desire, in the context of this class action.

The website will be updated as the file evolves.

 

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