Important Update

The Claims Administrator has completed their review of all claims submitted on or before the August 19, 2024 claims deadline, and the deficiency period has begun.

Claims submitted after the deadline are considered late and remain subject to Court approval. It is no longer possible to submit a late claim.

Navistar MaxxForce EGR Engine Product Liability Class Action

Court:
Ontario Superior Court of Justice; Supreme Court of British Columbia

Class Members:
All persons or entities in Canada, excluding Québec, who, on or before February 24, 2022, purchased or leased for more than 30 days, a 2011-2014 model year Navistar vehicle equipped with a MaxxForce 11-, 13- or 15- litre engine.

Co-counsel
Foreman & Company is working in concert with Rochon Genova LLP in Ontario and Farris, Vaughan, Wills & Murphy LLP in British Columbia (collectively, “Class Counsel”) to prosecute these matters on a national basis.

The content of this page has not been approved by the Court nor does it constitute legal advice. It is for the purpose of providing general information only.

Case Contacts

Advanced Exhaust Gas Recirculation (“EGR”) emission system engines were introduced across the trucking industry beginning in 2010 in order to reduce gas emissions and meet regulated standards. The class action alleges that the defendants (Navistar Canada ULC, Navistar Inc., Navistar International Corporation and Harbour International Trucks Ltd.) sold or leased vehicles equipped with a 2011-2014 model year MaxxForce 11-,13-, and 15-litre diesel engine that had a defective EGR emission system. The lawsuit seeks damages for the Settlement Class.

Important Update

Status of Claims Process

The Claims Administrator has reviewed all claims submitted on or before the August 19, 2024 claims deadline for completeness, and the deficiency period has begun.

Deficiency letters were sent out via email and/or regular mail to individuals whose claims are missing certain necessary information and/or supporting documentation.

If you received a deficiency letter, please provide the requested information and/or supporting documentation to the Claims Administrator as soon as possible but no later than the deadline set out in your letter.

If you do not respond to the Claims Administrator by the deadline set out in your letter, it may impact: (i) your eligibility to receive benefits and/or (ii) the amount of money you receive. Your deficiency letter contains instructions on how to submit the requested information and/or documentation to the Claims Administrator. If you have any questions regarding your deficiency letter, please contact the Claims Administrator directly.

If you did not receive a deficiency letter via email and/or regular mail, there is nothing you need to do at this time.

Following the end of the deficiency period, the Claims Administrator will review the additional information and/or supporting documentation provided and finalize claim decisions. Decision letters will then be sent to all claimants.

Late Claim Submissions

The claims deadline passed on August 19, 2024. Claims submitted after the deadline are considered late and remain subject to Court approval. It is no longer possible to submit a late claim.

Case History

A Settlement Has Been Approved By the Court

A settlement was reached with Navistar Canada ULC, Navistar Inc., Navistar International Corporation and Harbour International Trucks Ltd. (the “Defendants”). The Defendants agreed to a settlement valued at $14,500,000.

The Supreme Court of British Columbia approved the settlement and the payment of Class Counsels’ legal fees and other related costs on November 30, 2023. A copy of the Court’s orders, the settlement agreement, and the notices of settlement approval can be found below.

For more information on the settlement, who is included and frequently asked questions, please visit the dedicated settlement website.

Discontinuances

Pursuant to the terms of the National Settlement Agreement, various individual cases that had been started across Canada were discontinued. All potential class members represented by those actions were eligible to make a claim through the claims process as a result of the National Settlement Agreement.