Frequently Asked Questions

A class action is a lawsuit filed by one or more person called a representative plaintiff(s), on behalf of other people who have similar claims. Following certification, the people together form a class and are referred to as "class members". The companies they sue are called the Defendants. The court(s) resolves legal issues common to everyone in the class.

A class action lawsuit was commenced and certified in British Columbia against Navistar Canada ULC, Navistar, Inc., Navistar International Corporation, and Harbour International Trucks Ltd. (the “Defendants”) on behalf of all persons in Canada (excluding Québec) who owned or leased a 2011-2014 model year Navistar vehicle equipped with a MaxxForce 11-, 13-, or 15-litre engine (the “Class Vehicles”). Similar class actions were commenced in other Canadian Jurisdictions. The actions claimed that the Defendants sold or leased Class Vehicles equipped with a defective EGR emissions system. The Defendants denied these allegations but agreed to a settlement with the Plaintiffs (the “Settlement”).

“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”.

A settlement is when a defendant agrees to pay money and/or other benefits to the members of the class action in exchange for having the case against it dismissed.

In this case, a Settlement was reached with the Defendants in which CAD $13,775,000 cash (the “Cash Amount”), and up to a maximum of CAD $725,000 towards rebates (the “Rebate Amount”), to a collective total of up to CAD $14,500,000 were paid for the benefit of Class Members (the “Settlement”).

In exchange for the Settlement, the Defendants were provided with a full and final release of claims made against them in relation to the facts and issues alleged or which could have been alleged in the actions. The Settlement is not an admission by the Defendants of liability, fault, wrongdoing, or damages but is a compromise of the disputed claims. The Settlement represents a final resolution of all issues contained in the actions.

The Court decided that everyone who meets the following definition is a 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 Vehicle(s) (view FAQ #3).

Also 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 International (formerly 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 excluded yourself (opted out), you are no longer in the Class even if you meet the Class Member definition.

If you are a Class Member but did not submit a claim on or before January 9, 2025, you cannot receive money or rebates from the Settlement.

The Court did not decide in favor of the representative plaintiffs or the Defendants. Instead, both sides agreed to resolve the litigation with a settlement. That way, they avoided the risk and cost of a trial, and the people and entities affected could get compensation. The representative plaintiffs and Class Counsel believe the settlement conferred substantial benefits on the Class Members and determined that it was in their best interest, because it represented a fair and reasonable resolution of the actions.

The Defendants denied the claims in the actions. This means that they denied all allegations of liability, fault, wrongdoing, or damages to the representative plaintiffs and Class Members and denied that they acted improperly or wrongfully in any way. The Defendants nevertheless recognized the expense and time that would be required to defend the actions through trial and took this into account in agreeing to this Settlement.

The Settlement was approved by the Supreme Court of British Columbia and resolved all outstanding class litigation against the Defendants on a national basis (excluding Québec), including similar cases previously brought by lawyers in Ontario, Alberta and Manitoba.

During the claims period, Class Members who filed a Claim Form were able to choose only one (1) of the following three (3) options for compensation for each Class Vehicle they own(ed) or lease(d) for more than 30 days:

A. Cash Option: The Cash Option provided a payment up to $2,500 per Class Vehicle based on months of ownership or lease up until February 2022. Each demonstrated month of ownership or lease was eligible for the following amounts, subject to certain limitations in section D, below. 

B. Rebate Option: The Rebate Option provided a rebate worth up to $10,000 per Class Vehicle towards the purchase of a new Navistar Class 8 heavy-duty truck, based on months of ownership or lease of a Class Vehicle up until February 2022. 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 Class Member could be issued more than ten (10) rebates. Each demonstrated month of ownership or lease was eligible for the following rebate amounts, up to $10,000, subject to certain limitations in section D below. 

For more information on how to redeem a rebate please see FAQ#15.

Claimants who were approved for rebates received their rebate authorization code(s) with their decision letter sent on September 5, 2025. Rebates were made available for immediate use and must be redeemed by March 5, 2027. 

C. Individual Prove-Up Option: The Individual Prove-Up Option provided the option to prove up to $15,000 of “Covered Costs” per Class Vehicle. Any Class Member who initially selected the Individual Prove-Up Option had the option to switch to the Cash Option at any time prior to decision letters being issued on September 5, 2025. The amount of compensation awarded was 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 have been supported by reasonable contemporaneous or third-party documentation supporting the occurrence of the Covered Event and the amount of damages suffered as a result.

1.  A Covered Event is:
1. a service event for repair or replacement of a Primary Component; or
2. 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.

Covered Events do not include service events where the repair or replacement of a Primary Component was provided for by an Authorized Field Change or Misbuild Investigation Notice.

2. Covered Costs means any of the following costs that (1) were actually incurred as a result of a Covered Event, (2) are established by reasonable contemporaneous or third-party documentation, and (3) for which the Class Member has not already been compensated:
   
   

• Actual repair costs, including parts, labour, and towing;
• Rental trucks;
• 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);
• Permits; and
• Loading/unloading.
• 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.
  
  

3. 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.
   
   
4. 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.
   
   
5. To qualify for the Prove-Up Option, Class Members must have certified that the oil and filters were regularly changed on the Class Vehicle(s) within the timeframes recommended by Navistar.
   
   

D. Limitations:

1. The amounts received by Settlement Class Members under any option may be reduced or increased pro rata based on the number of claims made by Class Members. Some limitations apply, particularly if one Class Member leased a truck to another Class Member.
   
   
1. 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 were each eligible for half of the Cash Option or Rebate Option for the time period of the lease. Each lessor and lessee could have instead independently elected the full Individual Prove-Up option. Sufficient Proof of Ownership or Lease was required.
   
   

The deadline to submit a claim was August 19, 2024. Claims submitted after the deadline but on or before January 9, 2025 were deemed as late claims and were approved by the Court on March 12, 2025. Decision letters, settlement payments and rebate codes have been issued. It is no longer possible to submit a late claim to seek compensation from the settlement.

The claims period ran for a period of six (6) months between February 20, 2024 to August 19, 2024.

Claims filed after the August 19, 2024 deadline but on or before January 9, 2025 were deemed as late claims and were approved by the Court on March 12, 2025.

Since the claims deadline has passed and decision letters, settlement payments and rebate codes have been issued, it is no longer possible to submit a claim to seek compensation from the settlement.

You will not receive compensation.

The deadline to "opt out" or exclude yourself from the case and the Settlement was November 17, 2023. If you did not opt out, the Settlement is binding on you, regardless of whether or not you filed a claim.

No. Unless you excluded yourself (opted out by November 17, 2023), you are bound by the result of the actions. The Court’s Order approving the Settlement released any legal claims by Class Members’ against the Defendants relating to the claims alleged in the lawsuit.

Class members who submitted a Claim Form were advised by the Court-appointed Claims Administrator of the results of their claim submission through a decision letter. Decision letters were issued by mail on September 5, 2025 and by e-mail on September 8, 2025.

The Claims Administrator issued settlement payments, by way of cheque, to all approved claimants who elected the Cash and/or Prove-Up Options, by regular mail on January 23, 2026.

Approved claimants are asked to allow a minimum of two weeks for the cheque to reach them before contacting the Claims Administrator regarding their payment. Claimants whose settlement payment does not reach them in a reasonable time period or who need to change their mailing address should reach out to the Claims Administrator for assistance.

Settlement cheques must be deposited by July 22, 2026.

Claimants approved under the Rebate Option received their rebate authorization code(s) and instructions on how to redeem rebates in their decision letter. Rebates were made available for immediate use and must be redeemed by March 5, 2027.

Each approved claim was calculated in accordance with the settlement benefit(s) elected as set out in the Court-approved Settlement Agreement, a summary of which is outlined in FAQ#8.

The individual details of each approved claimant’s estimated compensation calculations were set out in the schedule(s) contained within the decision letters sent by mail on September 5, 2025 and by e-mail on September 8, 2025. As explained in the decision letters, the estimated settlement payment amounts remained subject to change as the claims results were finalized.

Following the finalization of claims, estimated settlement payments to all approved claimants were pro-rated up. The final pro-rated settlement payments for claimants are reflected in the settlement cheques distributed on January 23, 2026.

Rebate authorization codes are contained within the schedule(s) enclosed in the decision letters sent by mail on September 5, 2025 and by e-mail on September 8, 2025 to approved claimants that elected the Rebate Option.

Rebate authorization codes were made available for immediate use and must be redeemed by March 5, 2027, after which they expire.

You may redeem rebates by presenting proof of your identity to International (formerly Navistar) or to any Authorized International Dealer at the time of purchase and by identifying a Rebate authorization code.

You may redeem rebates towards the purchase of a new International Class 8 heavy-duty vehicle. The amount of each rebate will be deducted from the best negotiated retail purchase price (not including sales taxes or delivery fees) and will be 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. You cannot transfer these rebates to any other person or entity. You cannot combine any of these rebates with any other rebates issued in connection with the Navistar MaxxForce Engine Settlement, one settlement rebate per new Class 8 truck. Rebate authorization codes expire on March 5, 2027 at which time they will be null and void.

Decision letters were issued to all claimants by mail on September 5, 2025 and by e-mail on September 8, 2025. In order to have an approved claim and be eligible for a settlement payment and/or rebate(s), a claimant must have owned or leased a Class Vehicle(s) for more than 30 days.

The amount of potential compensation awarded under the Prove-Up option was 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”. Each claim must have been supported by reasonable contemporaneous or third-party documentation supporting the occurrence of the Covered Event and the amount of damages suffered as a result.

Please review FAQ#8 and the Court-approved Settlement Agreement for a detailed description of a Covered Event, Covered Costs and other parameters for awarding Prove-Up compensation.

If you received a decision letter rejecting your claim, it is because you made a claim that did not meet the requirements set out in the Settlement Agreement and/or it was not supported by the necessary documentation.

Claims were rejected if:

• The vehicle(s) included in the claim were not eligible Class Vehicle(s) as defined in the Settlement Agreement;
• The claim did not include supporting documentation to substantiate the period of ownership for the Class Vehicle(s); and/or
• The claimant otherwise failed to respond and/or cure a deficiency noted in their claim by the Claims Administrator prior to the February 10, 2025 deficiency deadline.

Claimants wishing to dispute their decision letter had an opportunity to request an administrative review of the determination of their claim by submitting the claim, the decision on the claim, and an explanation of the alleged error to the Claims Administrator.

The deadline to seek a claims review was October 5, 2025. Settlement payments and rebate codes have been issued and no further claims reviews will be accepted.

Class Counsel is Farris LLP, Foreman & Company and Rochon Genova. Class Counsel can be contacted at:

Farris LLP

2500 – 700 West Georgia Street

Vancouver, BC V7Y 1B3

Attn: Robert Anderson, KC and Nicholas Hooge

Phone: 604-661-9372

E-mail: [email protected] and [email protected]

Foreman & Company Professional Corporation

4 Covent Market Place

London, ON N6A 1E2

Attn: Jonathan Foreman

Phone: 1-855-814-4575 ext. 107

E-mail: [email protected]

Rochon Genova

121 Richmond Street W., Suite 900

Toronto, ON M5H 2K1

Attn: Joel Rochon

Phone: 1-800-462-3864

E-mail: [email protected]

You do not have to pay the lawyers working on this case any money out of pocket.

They agreed to retainer agreements with the representative plaintiffs whereby they would provide the legal services in support of the actions on a contingent fee basis. That means that they agreed to provide all necessary legal services in this complicated and long-running litigation without any guarantee that they would be paid for their work. They also agreed to pay and to carry substantial out of pocket expenses for the case (these are called “disbursements” and they include the cost of specialized expert witnesses, travel and investigative expenses, among other costs). By carrying those costs, Class Counsel avoided the need for the involvement and expense of a third-party litigation funding firm that would otherwise be needed to provide economic support to the case.

Class Counsel agreed that they would only be paid for their services and for the expenses they incurred and carried if the actions were successful. They also agreed that their fees and expenses would be paid from any money recovered in the litigation.

The Court has approved Class Counsel’s request to be paid for their legal fees, which are 30% of the Cash Amount and up to a maximum of 30% of the Rebate Amount, plus reimbursement of disbursements incurred and applicable taxes. The approved Class Counsel fees, disbursements and applicable taxes are paid out of the Cash Amount.

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. 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 e-mail: [email protected].