Update to Class Action Lawsuit Against BMW and Mercedes-Benz

If you have imported a BMW or Mercedes-Benz vehicle from the United States into Canada and have had to pay fees for letters of admissibility, recall clearance and/or BMW and Mercedes-Benz mandated modifications, this update may affect you:

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The class action lawsuit is awaiting scheduling of the certification hearing in Ontario. There are a few important stages in a class action proceeding, the first of which is known as certification. In the certification stage, the court determines whether the lawsuit can proceed as a class proceeding.

People do not have an automatic right to pursue class action lawsuits. The court has to first give permission to proceed as a class action. Otherwise claimants have to sue on their own. The court determines whether to give permission or certify a lawsuit as a class proceeding at the certification stage.

The court will examine several factors in making this decision and will certify a class proceeding if the following conditions are met:

* the pleadings disclose a cause of action;

* there is an identifiable class of two or more persons that would be represented by the representative plaintiff;

* the claims of the class members raise common issues;

* a class proceeding would be the preferable procedure for the resolution of the common issues; and

* there is a representative plaintiff who,

(i) would fairly and adequately represent the interests of the class,

(ii) has produced a plan for the proceeding that sets out a workable method of advancing the proceeding on behalf of the class and of notifying class members of the proceeding, and

(iii) does not have, on the common issues for the class, an interest in conflict with the interests of other class members.


These issues are adjudicated at the certification hearing, which has not yet been scheduled.

The claim is being put forward to represent all persons in all provinces and territories in Canada who have incurred losses as a result of the alleged conduct.

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Questions and comments may be posted to this blog or e-mailed directly to info@ucanimport.com Your questions and responses - if determined to be relevant to other importers - may be posted on this blog for others to review.

Lawsuit Against Auto Manufacturers Reduced To Claims Against BMW and Mercedes-Benz

Ontario Law Firm Proceeds With Certification
Application Against Two Auto Manufacturers

If you have imported a BMW or Mercedes-Benz vehicle from the United States into Canada and have had to pay fees for letters of admissibility, recall clearance and/or BMW and Mercedes-Benz mandated modifications, then this update may affect you:

Our partners, in Ontario are proceeding with the certification application in Ontario Superior Court. The key element of the certification application is to satisfy the court that there are common issues that are relevant to each member of the class. For this reason, the scope of the class action lawsuit has been reduced to a claim against BMW and Mercedes-Benz. While other manufacturers have also taken advantage of the Canadian purchasers the most serious transgressions have been committed by these two manufacturers.

Owing to the cost and amount of time it takes to win this litigation it has been necessary to scale down in this fashion. It is our hope that a successful claim against these two manufacturers will cause the government to force other manufacturers to rebate those Canadian the fees they have had to pay for unnecessary services they have been charged.

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Questions and comments may be posted to this blog or e-mailed directly to info@ucanimport.com Your questions and responses - if determined to be relevant to other importers - may be posted on this blog for others to review.

Update on Class Action Lawsuit Filed Against Auto Manufacturers

If you have imported a vehicle from the US into Canada, this update may affect you.
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Dear Vehicle Importer:

Thank you for your continued interest in the progress of our claim against the auto manufacturers.

At the time we commenced our lawsuit, a similar suit was commenced in Ontario, and we have been asked to join forces with that Ontario firm.

In order to join forces we have agreed to discontinue the claim in British Columbia. We believe that by this partnership we have a better chance of wining this David & Goliath battle.

These lawsuits are usually strenuously defended and can take years to wind their way though the legal system, so we ask you for your patience and continued interest. We will endeavor to provide monthly updates so that you can follow the progress of this lawsuit as it works its way through the court system.

Kindest regards,

Wm. Rory Lambert

Dinning Hunter Lambert & Jackson
E-mail: rlambert@dinninghunter.com
www.dinninghunter.com
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To learn more about the lawsuit, visit UCanImport.com or contact info@ucanimport.com for more information.