HAVE YOU EVER OWNED OR LEASED ONE OF THESE FORD VEHICLES?
2011-2015 FORD EXPLORER
2011-2013 FORD EDGE
2011-2013 LINCOLN MKX
A CANADA-WIDE CLASS ACTION SETTLEMENT MAY AFFECT YOUR RIGHTS
TORONTO, Oct. 14, 2017 /CNW/ - Class actions have been initiated in Ontario and Québec against Ford Motor Company and Ford Motor Company of Canada alleging that exhaust odour may enter the passenger compartment of the 2011-2015 Ford Explorers sold and leased in Canada (the "Class Vehicles") due to defects. The action in Ontario also alleges these defects exist in 2011-2013 Ford Edge and2011-2013 Lincoln MKX vehicle models (the "Excluded Vehicles"). Ford denies all allegations in these proceedings. The Ontario and Québec courts have not taken any position as to the truth or merits of the claims or defences by either side. The Settlement resolves the case across Canada and will pay money to Settlement Class Members who submit valid claims.
Who is included? You are a Settlement Class Member if you are a former or current owner or lessee of a Class Vehicle.
Who is excluded? The Settlement does not include current and former owners and lessees of the Excluded Vehicles whose claims will be discontinued without prejudice to their rights to commence new proceedings to advance claims in respect of the Excluded Vehicles. When these claims are discontinued, the applicable limitation periods will no longer be suspended and will resume running against current and former owners or lessees of the Excluded Vehicles.
What do I get? If the Settlement is approved by the Ontario and Québec Courts, and if you submit a valid claim form and the required supporting documentation, Ford will reimburse you for certain out-of-pocket expenses incurred for repairs to address exhaust odour in your Class Vehicle. Out-of-pocket expenses eligible for reimbursement must have been incurred within the later of (1) 4 years / 85,000 kilometres after your Class Vehicle was placed in service (whichever comes first) and (2) 60 days after the Settlement becoming effective following court approval. The maximum available reimbursement amounts will be $230 or $655 per repair, depending on the nature of the repair. Ford will reimburse you for up to two such repairs per Class Vehicle.
Can I object? Any former or current owner or lessee of a Class Vehicle or Excluded Vehicle is entitled to object to the Settlement and has the right to appear at the hearing where Court approval is sought.
How do I learn more? You should immediately review the full legal notice in this matter to ensure you understand your legal rights including the benefits under the Settlement and the procedures for objecting to the Settlement. A copy of the full legal notice may be viewed at www.FordExplorerSettlement.com (in English), www.ReglementFordExplorer.com (in French), and at Class Counsel's website www.investigationcounsel.com (in both English and French).
What happens next? The Settlement must be approved by the Courts in Ontario and Québec to become effective. A joint hearing before both Courts to consider whether to approve the Settlement will take place concurrently on:
January 19, 2018 at 10:00 a.m.: Ontario Superior Court of Justice, 245 Windsor Ave, Windsor, ON
Superior Court of Québec, 1 Notre-Dame Street East, Montreal, PQ
The Courts will also be asked to approve amounts for legal fees and expenses to Class Counsel. Those amounts will be paid separately by Ford and will not reduce the Settlement Class Member benefits under the Settlement.
YOU MAY ALSO CONTACT CLASS COUNSEL:
OWNERS AND LESSEES IN CANADA EXCEPT
Investigation Counsel P.C.
350 Bay Street, Suite 300
Toronto ON M5H 2S6
QUÉBEC AND FRENCH INQUIRIES:
Les Promenades du Vieux-Québec
43, rue Buade, Suite 320
Québec, QC G1R 4A2
THIS NOTICE IS ONLY A SUMMARY OF SOME OF THE TERMS OF THE SETTLEMENT
IF THERE IS A CONFLICT BETWEEN THIS NOTICE AND THE SETTLEMENT, THE SETTLEMENT APPLIES
Publication of this notice has been authorized by the Ontario Superior Court of Justice and the Superior Court of Québec.
SOURCE Blake, Cassels & Graydon LLP