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

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
Farris LLP is working in concert with Foreman & Company and Rochon Genova LLP in Ontario (collectively, “Class Counsel”) to prosecute these matters on a national basis.

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 Notice

Settlement Reached

A proposed settlement has been reached with Navistar Canada ULC, Navistar Inc., Navistar International Corporation and Harbour International Trucks Ltd. (the “Defendants”). The Defendants have agreed to a settlement valued at $14,500,000 on behalf of all persons and entities in Canada, excluding Québec, who on or before February 24, 2022, purchased or leased for more than 30 days, one or more 2011-2014 model year Navistar vehicles equipped with a MaxxForce 11-,13-, or 15-litre engine.  These Navistar vehicles includes the following truck brands: “PAYSTAR”, “WORKSTAR”, “TRANSTAR”, “9900i”, “LONESTAR”, and “PROSTAR”.

The settlement must be approved by the courts. A settlement approval hearing is scheduled for November 30, 2023. For more information regarding the case, the settlement, who is included, and settlement hearing details please visit the settlement website at: www.navistarsettlement.ca.

Opt-Out

If you think you are a Settlement Class member but don’t want to be bound by the class action or the Settlement (if approved), you must take steps to exclude yourself by November 17, 2023. This is your only chance to opt-out of the action so please review the opt-out information carefully. For more information regarding opt-outs, including to obtain a copy of the Opt-Out Form please visit the settlement website at www.navistarsettlement.ca.

Who Represents Me?

Class Members are represented by:

Farris LLP:

Email:
Robert Anderson, K.C. – randerson@farris.com;
Nicholas Hooge – nhooge@farris.com;
Mohnaam K. Shergill – mkshergill@farris.com (English and Punjabi)

Phone:
Robert Anderson, K.C. – 604 661-9372

Mail:
Farris LLP
Attention: Robert Anderson K.C. and Nicholas Hooge
2500 – 700 West Georgia Street
Vancouver, B.C. V7Y 1B3

Foreman & Company

Email:
classactions@foremancompany.com

Phone:
Anni Barry – 519.914.1175 x 107

Mail:
Foreman & Company
Attention: Jonathan J. Foreman
4 Covent Market Pl
London, ON N6A 1E2

Rochon Genova LLP

Email:
contact@rochongenova.com

Mail:
121 Richmond St W #900
Toronto, ON M5H 2K1

Court Documents

Short Form Notice of Settlement Approval Hearing (EN)

Long Form Notice of Settlement Approval Hearing (EN)

Short Form Notice of Settlement Approval Hearing (Punjabi)

Long Form Notice of Settlement Approval Hearing (Punjabi)

Settlement Agreement

Order of the Supreme Court of British Columbia – Certification and Notice Approval – July 14, 2023