TORONTO, April 07, 2020 (GLOBE NEWSWIRE) -- The law firms of Waddell Phillips Professional Corporation and Podrebarac Barristers Professional Corporation announced today that the Ontario Superior Court of Justice has certified a national class action against luxury automaker Bayerische Motoren Werke AG ("BMW AG") and its Canadian distributor, BMW Canada.
The class action alleges that the power steering system in 2002 - 2006 model year MINI Cooper or MINI Cooper S and 2005 - 2008 model year MINI Cooper Convertible or MINI Cooper S Convertible vehicles contain dangerous defects that can cause (a) a sudden and unexpected loss of power steering, potentially resulting in a crash causing property damage or personal injury and/or (b) component smouldering, potentially resulting in vehicle fires. While BMW AG conducted a safety defect recall in the United States for certain Model Year 2002 to 2005 MINI Cooper and MINI Cooper S cars, it has not conducted a similar recall for the same models sold in Canada.
The class includes all persons or entities in Canada who are or were owners or lessees of:
- 2002, 2003, 2004, 2005 or 2006 model year Mini Cooper or Mini Cooper S; or
- 2005, 2006, 2007 or 2008 model year Mini Cooper Convertible or Mini Cooper S Convertible,
and their estates, executors, successors or assigns. Over 16,600 of the subject cars were sold in Canada.
In March 2016, BMW wrote to owners and lessees of certain Model Year 2002-2005 MINI Cooper and MINI Cooper S cars in the United States advising them that a defect relating to motor vehicle safety exists. It requested them to contact their MINI dealer to have the necessary repair done as soon as possible, at no cost. No such recall has been initiated for the same model year vehicles in Canada. Instead, BMW Canada has offered an extended warranty on the subject power steering pump and associated fan.
The class action seeks to have BMW pay for the cost of repairing all of the affected cars, and to reimburse owners or lessees who have already paid for the necessary repair. The lawsuit also seeks compensation for any injuries or damages suffered as a result of the defects.
Additional information about this case, including the Reasons for Decision (Certification) are available at www.minicooperclassaction.ca.
Lead counsel prosecuting this class action are Margaret L. Waddell and Kathryn Podrebarac, who are both leading class action and product liability practitioners.
Contact:
| Waddell Phillips Professional Corporation Barristers reception@waddellphillips.ca 647-261-4486 or 1-888-684-5545 (toll-free) | Kathryn Podrebarac Podrebarac Barristers PC kp@toughcounsel.com 416-568-1299 |