The proposed action alleges that the FCA defendants equipped these vehicles with software that allowed them to defeat emissions testing. It is alleged that under ordinary driving conditions, these vehicles emit levels of pollutants that are far higher than advertised and allowed by law. The proposed action also alleges that the FCA dealers passed on misleading marketing and sales materials about the vehicles to consumers. The defeat devices allegedly shut down the cars’ emission control systems outside regulatory testing circumstances. As such, the cars were able to pass emission tests but polluted excessively when driven on the road.
On September 18, 2020: The Court dismissed the plaintiffs’ motion for certification on the basis that there was no evidence of consumer harm. The decision relates to all current and former Canadian owners and lessees of the affected vehicles, except Quebec residents whose claims are being prosecuted separately.
On May 31, 2021: The Divisional Court dismissed the plaintiffs’ appeal of the denial of certification. The plaintiffs are considering next steps.