Opt-Out Deadline: August 21, 2020
Objection Deadline: August 21, 2020
Approval Hearing: August 28, 2020
Contact Class Counsel
Following announcements regarding the installation of emissions software in certain 2009-2016 Volkswagen, Audi and Porsche vehicles equipped with diesel engines, a number of class actions were commenced across Canada (the “Emissions Claims”). The Emissions Claims were already the subject of two court-approved settlements with Volkswagen, Audi and Porsche with respect to certain 2L diesel vehicles (the “2L Settlement”) and 3L diesel vehicles (the “3L Settlement")(collectively, the “2&3L Settlements”). The 2&3L Settlements have been implemented, and extensive benefits were made available to owners and lessees of the affected vehicles. A separate action was brought against the manufacturer of the emissions software, Robert Bosch GmbH (the “Bosch Action”).
Certification of the Bosch Action
Certification is the determination by a Court that a lawsuit can proceed as a class action on behalf of all persons or entities that fit within a class definition. The Bosch Action was originally certified as a class action in July 2018, and the class definition was modified in June 2020 for the purposes of the Bosch Settlement. As it currently stands, the Bosch Action is certified as a class action on behalf of persons and entities who fit within the definition of “Bosch Settlement Class Members” (see FAQ#1). This means that any determinations made in the Bosch Action as well as any Court-approved settlements will automatically apply to all Bosch Settlement Class Members, save and except for persons who choose to be excluded from the Bosch Action within the Opt-Out Period (see FAQ#12).
The Bosch Settlement
The parties to the Bosch Action have entered into the Bosch Agreement to resolve all Emissions Claims advanced by Bosch Settlement Class Members against Bosch with respect to the VW, Audi and Porsche vehicles at issue in the 2L Settlement or 3L Settlement. The Bosch Settlement is over and above any benefits already paid in connection with those prior settlements, and needs to be approved by the Ontario Superior Court of Justice (the “Court”) before it is effective.
If the Bosch Settlement is approved, Bosch will pay the all-inclusive amount of CAD $9,270,000 in exchange for a final release of the Emissions Claims of Bosch Settlement Class Members, and other related provisions. A full copy of the Bosch Settlement can be viewed here. However, not all Bosch Settlement Class Members will receive compensation. A proposed Distribution Plan that is subject to Court approval contemplates payments only to 4 categories of Bosch Settlement Class Members. A hearing to consider whether to approve the Bosch Settlement and the Distribution Plan will take place at 10 am on August 28, 2020 at the Courthouse located at 130 Queen Street West, Toronto, Ontario (the “Approval Hearing”). A copy of the proposed Distribution Plan can be viewed here.
What are the options of Bosch Settlement Class Members?
||Bosch Settlement Class Members will participate in the Bosch Action and be bound by any court-approved settlements, including any plans for distribution of settlement proceeds
|Exclude yourself (opt-out)
||Bosch Settlement Class Members will be excluded from the Bosch Action and not be bound by any court approved settlements or be able to share in any proceeds, if available
|Comment / Object to the Bosch Settlement
||Bosch Settlement Class Members may submit their views or comments regarding the Bosch Settlement for consideration by the Court on the Approval Hearing.
This is just a summary. We encourage you to view the complete Long Form Notice here, where answers to frequently asked questions can be found.