Class Actions

MINI Cooper Power Steering Class Action —

This class action is brought against BMW AG and BMW Canada, on behalf of thousands of Canadian owners and lessees of certain 2002-2008 model year MINI Cooper vehicles which contain allegedly defective power steering systems.

Status of Action

On April 2, 2020, Justice Perell of the Ontario Superior Court of Justice certified this action as a class proceeding. Certification means that the Court has allowed this action to move forward and to be prosecuted as a class action – it does not mean that there has been a resolution of the lawsuit. At this time, no decision has been made by the Court about whether the defendants are liable, and no settlement has been reached. Further notices will be distributed to the Class Members if there is a judgment from the Court or a settlement is reached.

Case Overview

Waddell Phillips Professional Corporation and Podrebarac Barristers Professional Corporation are Class Counsel in this certified class action against BMW Canada and its parent company, BMW AG.

The class includes all persons or entities in Canada who are or were owners or lessees of:

(i) a 2002, 2003, 2004, 2005 or 2006 model year MINI Cooper or MINI Cooper S; or

(ii) a 2005, 2006, 2007 or 2008 model year MINI Cooper Convertible or MINI Cooper S Convertible, (collectively, the “Class Cars”),

and their estates, executors, successors or assigns (the “Class Members”).

The class action alleges that the power steering system in the Class Cars contain dangerous defects that can cause a sudden and unexpected loss of power steering, potentially resulting in a crash causing property damage or personal injury; and/or component smouldering, potentially resulting in vehicle fires. Accordingly, the class action claims that the defendants are liable for: negligent design, manufacture and distribution, failure to warn that the Class Cars were dangerously defective, and failure to recall a dangerously defective product.

The representative plaintiff is the owner of a 2003 MINI Cooper, one of over 16,600 Class Cars which were sold in Canada.

Despite recalling some of the Class Cars in the U.S. and in the U.K., BMW has failed to initiate any Canadian recall to repair the Class Cars’ power steering systems. Instead, BMW Canada has provided only a limited warranty extension on the power steering pump and pump cooling fan for some of the Class Cars, with no relief or repairs offered for the other Class Cars. Under the extended warranty, BMW Canada agreed to repair the power steering system defects only if a power steering failure manifests before the expiration of the warranty time or mileage limit, with no reimbursement of previously incurred repair costs.

The class action seeks reimbursement for everyone who paid for the repairs to the power steering system themselves, and to compensate Class Members for the cost of having the repairs completed now. It also seeks damages for any injuries or damages suffered as a result of the power steering system defects.

If you are a Class Member, there is no cost to you to participate in this class action. The lawyers are working on a contingency fee arrangement, and will only be paid from the proceeds of the litigation, if successful.

Contact Us

If you are a current or former owner or lessee of a Class Car, you may be eligible for compensation. For more information, please email us at reception@waddellphillips.ca or complete our secure online form located under the “Ask a Question” tab. Your information will be kept strictly confidential and will be used only to communicate with you regarding this action and to assist with the prosecution of the action.

Status of Action

On April 2, 2020, Justice Perell of the Ontario Superior Court of Justice certified this action as a class proceeding. Certification means that the Court has allowed this action to move forward and to be prosecuted as a class action – it does not mean that there has been a resolution of the lawsuit. At this time, no decision has been made by the Court about whether the defendants are liable, and no settlement has been reached. Further notices will be distributed to the Class Members if there is a judgment from the Court or a settlement is reached.

Case Overview

Waddell Phillips Professional Corporation and Podrebarac Barristers Professional Corporation are Class Counsel in this certified class action against BMW Canada and its parent company, BMW AG.

The class includes all persons or entities in Canada who are or were owners or lessees of:

(i) a 2002, 2003, 2004, 2005 or 2006 model year MINI Cooper or MINI Cooper S; or

(ii) a 2005, 2006, 2007 or 2008 model year MINI Cooper Convertible or MINI Cooper S Convertible, (collectively, the “Class Cars”),

and their estates, executors, successors or assigns (the “Class Members”).

The class action alleges that the power steering system in the Class Cars contain dangerous defects that can cause a sudden and unexpected loss of power steering, potentially resulting in a crash causing property damage or personal injury; and/or component smouldering, potentially resulting in vehicle fires. Accordingly, the class action claims that the defendants are liable for: negligent design, manufacture and distribution, failure to warn that the Class Cars were dangerously defective, and failure to recall a dangerously defective product.

The representative plaintiff is the owner of a 2003 MINI Cooper, one of over 16,600 Class Cars which were sold in Canada.

Despite recalling some of the Class Cars in the U.S. and in the U.K., BMW has failed to initiate any Canadian recall to repair the Class Cars’ power steering systems. Instead, BMW Canada has provided only a limited warranty extension on the power steering pump and pump cooling fan for some of the Class Cars, with no relief or repairs offered for the other Class Cars. Under the extended warranty, BMW Canada agreed to repair the power steering system defects only if a power steering failure manifests before the expiration of the warranty time or mileage limit, with no reimbursement of previously incurred repair costs.

The class action seeks reimbursement for everyone who paid for the repairs to the power steering system themselves, and to compensate Class Members for the cost of having the repairs completed now. It also seeks damages for any injuries or damages suffered as a result of the power steering system defects.

If you are a Class Member, there is no cost to you to participate in this class action. The lawyers are working on a contingency fee arrangement, and will only be paid from the proceeds of the litigation, if successful.

Contact Us

If you are a current or former owner or lessee of a Class Car, you may be eligible for compensation. For more information, please email us at reception@waddellphillips.ca or complete our secure online form located under the “Ask a Question” tab. Your information will be kept strictly confidential and will be used only to communicate with you regarding this action and to assist with the prosecution of the action.

The action was certified on April 2, 2020. The Reasons for Decision (Certification) of Justice Perell can be found on the “Documents” page.

Additional updates will be posted as the class action progresses.

 

 

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