Proposed Settlement of Canadian Toyota Unintended Acceleration Marketing, Sales Practices, and Products Liability Economic Loss Litigation

TORONTO, Dec. 13, 2013 /CNW/ - A notification program began on Friday, December 13, 2013, as ordered by Mr. Justice Perell of the Ontario Superior Court of Justice, M. Justice Castiglio of the Superior Court of Québec, Mr. Justice Zarzeczny of the Saskatchewan Court of Queen's Bench and Mr. Justice MacDougall of the Nova Scotia Supreme Court, to alert Canadian residents of a proposed settlement related to certain Toyota vehicles. This notification program is also to advise affected Canadians of the proposed certification/authorization of several lawsuits as class actions and of Class Members' rights related to that proposed certification/authorization and the proposed Settlement.

The settlement, which requires Court approval, relates to class actions about whether the Plaintiffs and the Class have suffered economic loss arising from Toyota and Lexus vehicles equipped with an Electronic Throttle Control System (ETCS).

The classes will include anyone living in Canada who currently, or at any time on or before the date of approval of the proposed settlement by the Courts, owned, purchased, acquired and/or leased a Toyota or Lexus vehicle equipped with ETCS which was sold or leased in Canada. The settlement does not involve claims for personal injury or property damage.

The proposed settlement provides for a cash payment of $62.50 for each subject vehicle not otherwise eligible under the settlement to receive free installation of a brake override system (BOS); free installation of a BOS on certain vehicles; a customer support program to correct any defects in materials or workmanship of certain vehicle parts related to ETCS; and scholarships totalling $600,000.

The proposed settlement is not an admission of liability on the part of Toyota, nor has there been any finding of liability by the Courts against them.  The defendants deny the allegations made in the lawsuits.

Class Members may submit a claim for a cash payment under the proposed settlement to the Claims Administrator at www.toyotaELsettlement.ca, or they can exclude themselves from the proceedings by opting out.  Class Members may also submit a written objection to the proposed settlement and may attend at the Settlement Approval Hearings which are scheduled to proceed as follows:

  • In Nova Scotia on January 28, 2013 at 9:30 a.m. at The Law Courts, 1815 Upper Water Street, Halifax;
  • In Ontario on January 31, 2013 at 10:00 a.m. at the Ontario Superior Court of Justice, 361 University Avenue, Toronto;
  • In Québec on February 3, 2013, at 9:30 a.m., at the Superior Court of Québec, 1 Notre-Dame East, Montréal; and
  • In Saskatchewan on February 5, 2013, at 10:00 a.m., at the Court of Queen's Bench for Saskatchewan, 2425 Victoria Avenue, Regina.

Class Members who wish to submit a written objection to the proposed settlement must do so to the Claims Administrator by Friday, January 24, 2014.  Class Members who wish to opt out of the proposed settlement, if approved, must do so by filing an Opt-Out Form with the Claims Administrator by the Opt Out Deadline which will be 45 days following such approval of the proposed settlement.

Further information relating to the proposed settlement, including submitting a claim for cash payment, the Notice, the settlement documents, Claim Forms and Opt Out Forms, is available at: www.toyotaELsettlement.ca, from the Claims Administrator by phone at 1-855-823-0650 or by writing to the following address:

Toyota Economic Loss Claims Administrator
Crawford Class Actions Services
c/o Crawford Class Action Services
3-505, 133 Weber St N
Waterloo, ON  N2J 3G9

The law firms of Rochon Genova LLP, Kim Orr Barristers PC and Merchant Law Group LLP represent the Ontario National Classes, the law firm of Merchant Law Group LLP represents the Saskatchewan and Nova Scotia classes, and the law firms of Consumer Law Group LLP represents the Québec Classes.

SOURCE ROCHON GENOVA LLP

For further information:


Rochon Genova LLP
900-121 Richmond St. W
Toronto, ON M5H 2K1
schiodo@rochongenova.com 

Merchant Law Group
100-2401 Saskatchewan Dr.
Regina, SK S4P 4H8
emerchant@merchantlaw.com

Kim Orr Barristers PC
19 Mercer Street, 4th Floor
Toronto, ON M5V 1H2
mbm@kimorr.ca

Consumer Law Group
4150 Ste.-Catherine St. West, Suite 330
Montréal, Québec, H3Z 2Y5
jorenstein@clg.org