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Siskinds LLP and Sotos LLP filed a proposed national class action against Ford and Bosch alleging that illegal defeat devices were installed in certain Ford F-250 and F-350 vehicles model years 2011-2017.

Siskinds’ Québec-based affiliate, Siskinds Desmeules, also filed a similar action on behalf of Québec residents.

Siskinds is of the opinion that this class proceeding is no longer viable, and the representative plaintiff no longer wishes to pursue the claim against Ford, Bosch and the Ford dealer defendants. On this basis, Siskinds sought and obtained the approval of the Ontario Superior Court of Justice to dismiss the proposed class proceeding.

The limitation period for bringing any potential claim related to the issues raised in the proposed class proceeding, if there is any time left within it, will recommence on September 27, 2022, except for Quebec residents. On the expiry of the limitation period, any right you may have to sue over these matters may be extinguished. Limitation periods vary across Canada. As such, you should seek legal advice from local counsel.  Please refer to the Order (Leave to Dismiss Action) dated September 27, 2022 for further information.

Developments

Ontario

Please refer to the Order (Leave to Dismiss Action) dated September 27, 2022 for further information.

Quebec

On May 3, 2023, the Superior Court of Quebec issued a judgment discontinuing the motion for authorization. A copy of the judgment authorizing the discontinuance is available here (French only). Copy of the Discontinuance Act is available here (French only).

Take note that because of this discontinuance, the limitation period for bringing a claim, if there is any time left within it, is no longer suspended. For more information please read this notice to members [french], [english].

Nothing in this notice is intended to be legal advice and it is recommended that you obtain legal advice from a lawyer of your choice if you wish to pursue a court claim against the Defendants.

Documents

Ontario

Order on dismissal dated September 27, 2022

Quebec (in French only)

Application for authorization to institute a class action - Superior Court - January 10, 2018

Stay order - Superior Court - May 9, 2019

Discontinuance order - Superior Court - May 3, 2023

Discontinuance Act - May 10, 2023

Notice to members [french], [english]

Ontario

Please refer to the Order (Leave to Dismiss Action) dated September 27, 2022 for further information.

Quebec

On May 3, 2023, the Superior Court of Quebec issued a judgment discontinuing the motion for authorization. A copy of the judgment authorizing the discontinuance is available here (French only). Copy of the Discontinuance Act is available here (French only).

Take note that because of this discontinuance, the limitation period for bringing a claim, if there is any time left within it, is no longer suspended. For more information please read this notice to members [french], [english].

Nothing in this notice is intended to be legal advice and it is recommended that you obtain legal advice from a lawyer of your choice if you wish to pursue a court claim against the Defendants.

Ontario

Order on dismissal dated September 27, 2022

Quebec (in French only)

Application for authorization to institute a class action - Superior Court - January 10, 2018

Stay order - Superior Court - May 9, 2019

Discontinuance order - Superior Court - May 3, 2023

Discontinuance Act - May 10, 2023

Notice to members [french], [english]