A class action is a lawsuit filed by one or more people called representative plaintiff(s), on behalf of other people who have similar claims. The people together form a class or class members. The companies they sued are called the Defendants. One court resolves legal issues common to everyone in the class, except for those people who choose to exclude themselves, or opt out, of the Settlement Class.
N&C Transportation Ltd. is the representative plaintiff in this Action.
You received a notice because you have been identified as a potential Settlement Class Member. If you are a Settlement Class Member and do not exclude yourself (“opt out”), the outcome of the Action will affect you.
The short- and long-form notices (here) have been approved by the Supreme Court of British Columbia to notify potential Settlement Class Members of their rights.
The Action claims that Defendants sold or leased vehicles equipped with a 2011-2014 model year MaxxForce 11-, 13-, and 15-litre diesel engine that had a defective EGR emissions system. These are called “Class Vehicles”. The Defendants deny all of the allegations in the Action and that they did anything wrong. The lawsuit seeks damages (money) for the Settlement Class.
The Action is referred to as N&C Transportation Ltd. v. Navistar International Corporation, Supreme Court of British Columbia Action No. S144960, Vancouver Registry.
A settlement is when a defendant agrees to pay money to the members of the class action in exchange for having the case against it dismissed.
The Court did not decide in favor of the representative plaintiff or the Defendants. Instead, both sides agreed to resolve the litigation with a settlement. That way, they avoid the risk and cost of a trial, and the people and entities affected will get compensation. The representative plaintiff and Class Counsel believe the proposed Settlement confers substantial benefits on the Settlement Class and have determined that it is in their best interest, because it represents a fair, reasonable, and adequate resolution of the Action.
The Defendants deny the claims in the Action. This means that they deny all allegations of wrongdoing, fault, liability, or damage to the representative plaintiff and the Settlement Class and deny that they acted improperly or wrongfully in any way. The Defendants nevertheless recognize the expense and time that would be required to defend the Action through trial and have taken this into account in agreeing to this Settlement. The Settlement, if approved, will resolve all outstanding class litigation against the Defendants on a national basis including similar cases previously brought by lawyers in Ontario, Alberta and Manitoba.
The Settlement must be approved by the Supreme Court of British Columbia to become effective.
The Court decided that everyone who meets the following definition is a Settlement Class Member:
All natural persons or entities resident in Canada, but not resident in Québec, who on or before February 24, 2022, purchased or leased for more than 30 days, one or more Class Vehicles (view FAQ 6 below).
Excluded from the class are:
(1) all Persons that have litigated claims involving Class Vehicles’ allegedly defective EGR emissions system against one or more Defendants to final, nonappealable judgment (with respect to those vehicles only);
(2) all Persons who, via a settlement or otherwise, delivered to one or more Defendants releases of their claims involving Class Vehicles’ allegedly defective EGR emissions system (with respect to those vehicles only) including, for greater certainty, through a settlement of 4037308 Canada Inc. v. Navistar Canada Inc., Superior Court of Québec File No. 500-06-000720140, District of Montréal;
(3) the Defendants’ employees, officers, directors, agents, and representatives, and their family members;
(4) any Authorized Navistar Dealer of new or used vehicles;
(5) any Person that purchased a Class Vehicle solely for the purposes of resale or to finance a sale or leasing agreement (with respect to those vehicles only);
(6) Idealease and Navistar Leasing Co.; and
(7) any person or entity that was a lessee of a Class Vehicle for 30 days or less.
If you believe that you are a Settlement Class Member, please locate and retain copies of any documents relating to your purchase or lease of a Class Vehicle(s). These will be required to make a claim for money or a rebate from the Settlement, if it is approved by the Court. If you have questions about what documents you should retain, please contact the Settlement Administrator at [email protected] or 1-866-573-2710.
“Class Vehicle(s)” means all Navistar vehicles equipped with MaxxForce 11-, 13-, or 15-litre engines certified to comply with the 2010 EPA standards, without the use of selective catalytic reduction technology. The Class Vehicles are 2011-2014 model year vehicles. This includes the following Navistar truck brands: “PAYSTAR”, “WORKSTAR”, “TRANSTAR”, “9900i”, “LONESTAR”, and “PROSTAR”.
The Settlement requires the payment of CAD $13,775,000 cash (the “Cash Amount”), and CAD $725,000 towards rebates (the “Rebate Amount”), to a collective total of CAD $14,500,000 for the benefit of the Settlement Class (the “Settlement Amount”).
The Cash Amount, minus Court-approved Class Counsel fees, disbursements, administration costs and applicable taxes, will be held in an interest-bearing trust account for the benefit of Settlement Class Members until the funds can be distributed.
If approved, a separate notice will announce the process for Settlement Class Members to submit a claim form to obtain money from the Settlement.
If the Settlement is approved you may choose only one of the following three options for compensation for each Class Vehicle you own(ed), or lease(d) for more than 30 days:
Cash Option: The cash option provides a payment up to $2,500 per Class Vehicle based on months of ownership or lease. Each demonstrated month of ownership or lease is eligible for the following amounts, subject to certain limitations in section D, below. Click here to receive a preliminary calculation of the “up to” compensation amount you could receive under the Cash Option if the Settlement is approved you submit a valid claim.
|Class Vehicle Model Year||Monetary Amount|
Rebate Option: The rebate option provides a rebate worth up to $10,000 towards the purchase of a new Navistar Class 8 heavy-duty truck, based on months of ownership or lease of a Class Vehicle. The rebate(s) are deducted from the best negotiated retail purchase price (not including sales tax or delivery fees) and in addition to any other applicable promotion, rebate, or discount then in effect at the time of purchase and for which both the purchase and the purchaser would otherwise qualify. The rebate(s) are not transferable and not stackable, must be used within 18 months of issuance, and no Settlement Class Member will be issued more than ten (10) rebates. Each demonstrated month of ownership or lease is eligible for the following rebate amounts, up to $10,000, subject to certain limitations (see below). Click here to receive a preliminary calculation of the “up to” compensation amount you could receive under the Rebate Option if the Settlement is approved you submit a valid claim.
|Class Vehicle Model Year||Monetary Amount|
Individual Prove-Up Option: The individual prove-up option provides the option to prove up to $15,000 of “Covered Costs” per Class Vehicle. Any Settlement Class Member who initially selects the individual prove-up option may instead switch to the cash option at any time prior to the final determination of their award. The amount of potential compensation is dependent on the number of kilometers accumulated on the Class Vehicle(s), qualifying as a “Covered Event”, and meeting the requirement of certain “Covered Costs”. Covered Costs and Covered Events are defined below. Each claim must be supported by reasonable contemporaneous or third-party documentation supporting the occurrence of the Covered Event and the amount of damages suffered as a result.
a service event for repair or replacement of a Primary Component; or
a service event for repair or replacement of a Secondary Component that occurs within 30 days of a service event for repair or replacement of a Primary Component.
Valve/Seat (Intake) and Valve/Seat (Exhaust)
Cylinder Head (when accompanied by a Valve/Seat (Intake) and Valve Bridge repair)
Total Engine Replacement or Rebuild (must show a Turbochargers failure)
Diesel Particulate Filter
Actual repair costs, including parts, labour, and towing;
Lost revenue (from a particular load that the Class Vehicle was transporting at the time of a Covered Event);
Travel costs (hotel, airfare, meals, etc.);
Employee wages (limited to five days);
All costs not expressly listed above are excluded, including opportunity costs (e.g., lost opportunity due to allegedly unreliable Class Vehicles) and the cost of replacing employees.
Parts and Labour incurred because of a Covered Event that occurred when the Class Vehicle had between 800,000 kilometers and 1,600,000 kilometers are capped at $7,500.
Parts and Labour incurred because of a Covered Event that occurred when the Class Vehicle had 1,600,001 kilometers or more are not compensated.
To qualify for the Prove-Up Option, Settlement Class Members must certify that the oil and filters were regularly changed on the Class Vehicle within the timeframes recommended by Navistar.
If you leased a Class Vehicle from any party other than Navistar for more than 30 days, both the lessor (owner) and lessee of the Class Vehicle are Class Members and are each eligible for half of the Cash Option or Rebate Option for the time period of the lease. Each lessor and lessee may instead independently elect the full Individual Prove-Up option. Sufficient Proof of Ownership or Lease is required.
The Court is holding a hearing to determine whether to approve the Settlement on November 30, 2023. After that hearing, and if the settlement is approved, a schedule will be set for Settlement Class Members to make claims. A notice of Settlement Approval will be sent with further instructions on how to make a claim if the Settlement is approved.
If you believe that you are a Settlement Class Member, please locate and retain copies of any documents relating to your purchase or lease of a Class Vehicle(s). These will be required to make a claim for money or a rebate from the Settlement, once it is approved by the Court. If you have questions about what documents you should retain, please contact the Settlement Administrator at [email protected] or 1-866-573-2710.
The opt out deadline of November 17, 2023 has now passed. Settlement Class Members who did not exclude themselves are now part of the Settlement Class.
No. Unless you opt out yourself, you will be bound by the result of the Action. If the Settlement is approved, it will release any legal claims by Settlement Class Members against the Defendants relating to the claims in the lawsuit. You must exclude yourself from this Settlement Class to continue your own lawsuit.
No. Only Settlement Class Members can participate in the Settlement and receive compensation if it is approved by the Court.
No. If you opt out, the Settlement no longer affects you.
If the Settlement is approved, it will release any legal claims by Settlement Class Members against the Defendants relating to the claims in the Action. That means that, if the Settlement is approved, you exchange the ability to sue, continue to sue, or be part of any other lawsuit against the Defendants about the legal issues in this case, for the compensation in the Settlement. It also means that all of the Court’s orders will apply to you and legally bind you.
Settlement Class Members are represented by Class Counsel (particulars found in FAQ 23 below). You do not need to pay Class Counsel any money out of pocket. If you want to be represented by your own lawyer, you must hire one at your own expense. If the Settlement is approved, Class Counsel will ask for fees of up to 30% of the CAD $14,500,000 Settlement Amount plus applicable taxes. Class Counsel will also seek to be reimbursed for disbursements which are out of pocket expenses incurred in the litigation of the case plus applicable taxes.
Class Counsel’s fees must be approved by the Court. Class Counsel may ask the Court to approve fees of up to 30% of the value of the Settlement Amount, which equals $4,350,000 plus applicable taxes.
Class Counsel will also ask the Court to approve “disbursements” which are out-of-pocket expenses that Class Counsel have paid including for expert witnesses and other requirements for the case.
Class Counsel and counsel to the plaintiffs in other actions commenced across the country may also ask the Court to approve an award of CAD $6,000 to the representative plaintiff, and/or those plaintiffs in actions commenced across the country. This is intended to compensate them for their efforts, time and participation in the actions. The representative plaintiffs are also entitled to participate in the Settlement like other Settlement Class Members.
The amounts paid to Class Counsel and the representative plaintiffs will be deducted from the $13,775,000 Cash Amount.
If you wish to comment on or make an objection to Class Counsel’s fees or the proposed honorarium to the representative plaintiff(s), a written submission and other information about you must be delivered to Class Counsel (contact particulars found in FAQ 23 below) by November 17, 2023. Class Counsel will forward all such submissions to the Court. For information on what you need to submit, please visit FAQ 22 below.
The British Columbia Supreme Court will hold a hearing to decide whether to approve the Settlement on November 30, 2023. If there are objections, the Court will consider them at the hearing. The Court may also decide how much to pay to Class Counsel and the representative plaintiffs. The Court may decide whether to approve the Settlement immediately after the hearing or may take some time to consider it.
Please contact Class Counsel at the information provided in FAQ 23 below for details of the Settlement Approval Hearing if you wish to attend.
As part of the approval process, you can provide the Court with your comments or objections to the Settlement. The Court will consider any objections it receives when deciding whether to approve the Settlement.
Objecting or commenting on the Settlement Agreement is telling the Court what you think about the Settlement. You can object or comment only if you stay in the Settlement Class.
Opting out is telling the Court that you don’t want to be part of the Settlement Class. If you opt out, you have no basis to object because the case no longer affects you.
No. If you wish to be represented by a lawyer, you may hire one at your own expense.
The deadline to object to the settlement has now passed. Your objection had to be sent to Class Counsel on or before November 17, 2023 to be considered.
The short form notice (here) and long form notice (here) summarize the key parts of the proposed Settlement. You can read the entire Settlement Agreement and other important documents here. In the event of any conflict between the terms used in the notices and the Settlement Agreement, the terms in the Settlement Agreement prevail.
You may discuss the Settlement with Class Counsel. You should check this website periodically for updates on the case.
You may contact the Settlement Administrator at [email protected] and 1-866-573-2710.
Class Counsel can be contacted at:
Farris LLP (Canada, excluding Québec)
2500 – 700 West Georgia Street
Vancouver, BC V7Y 1B3
Attn: Robert Anderson, KC and Nicholas Hooge
Foreman & Company Professional Corporation (Ontario)
4 Covent Market Place
London, ON N6A 1E2
Attn: Jonathan Foreman
Phone: 1-855-814-4575 ext. 106
Email: [email protected]
Rochon Genova (Ontario)
121 Richmond Street W., Suite 900
Toronto, ON M5H 2K1
Attn: Joel Rochon
Email: [email protected]
Residents of Québec were eligible for a different settlement from a different case: 4037308 Canada Inc. v. Navistar Canada Inc., Superior Court of Québec File No. 500-06-000720-140, District of Montréal. That settlement was approved, and the opportunity to claim compensation in that settlement has now closed. Any questions on the Québec settlement may be directed to Consumer Law Group, counsel for the Québec class, at Tel: 1-888-909-7863, or email: [email protected].