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Navistar MaxxForce EGR Engine Product Liability Class Action

Court:
Ontario Superior Court of Justice; Supreme Court of British Columbia

Class Members:
All persons or entities in Canada, excluding Québec, who, on or before February 24, 2022, purchased or leased for more than 30 days, a 2011-2014 model year Navistar vehicle equipped with a MaxxForce 11-, 13- or 15- litre engine.

Co-counsel
Foreman & Company is working in concert with Rochon Genova LLP in Ontario and Farris, Vaughan, Wills & Murphy LLP in British Columbia (collectively, “Class Counsel”) to prosecute these matters on a national basis.

The content of this page has not been approved by the Court nor does it constitute legal advice. It is for the purpose of providing general information only.

Case Contacts

Jonathan Foreman

Anni Barry

Sarah Bowden

Advanced Exhaust Gas Recirculation (“EGR”) emission system engines were introduced across the trucking industry beginning in 2010 in order to reduce gas emissions and meet regulated standards. The class action alleges that the defendants (Navistar Canada ULC, Navistar Inc., Navistar International Corporation and Harbour International Trucks Ltd.) sold or leased vehicles equipped with a 2011-2014 model year MaxxForce 11-,13-, and 15-litre diesel engine that had a defective EGR emission system. The lawsuit seeks damages for the Settlement Class.

Navistar MaxxForce EGR Engine Product Liability Class Action

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Important Update

A Settlement Has Been Approved By the Court and the Claims Process is Now Open

A settlement has been reached with Navistar Canada ULC, Navistar Inc., Navistar International Corporation and Harbour International Trucks Ltd. (the “Defendants”). The Defendants have agreed to a settlement valued at $14,500,000.

The Supreme Court of British Columbia approved the settlement and the payment of Class Counsels’ legal fees and other related costs on November 30, 2023. A copy of the Court’s orders, the settlement agreement, and the notices of settlement approval can be found below.

Who Is Included in the Settlement?

Eligible Class Members are all persons and entities in Canada, excluding Québec, who on or before February 24, 2022, purchased or leased for more than 30 days, one or more 2011-2014 model year Navistar vehicles equipped with a MaxxForce 11-,13-, or 15-litre engine. These Navistar vehicles includes the following truck brands: “PAYSTAR”, “WORKSTAR”, “TRANSTAR”, “9900i”, “LONESTAR”, and “PROSTAR”.

How to Participate in the Settlement

Eligible Class Members will need to file a claim form in order to participate in the settlement.

You can file a claim now through the settlement website, or file a paper claim form by contacting the Court-appointed Claims Administrator at the contact information below.

The claims period will run until August 19, 2024. Claims filed after the deadline may not be approved or be eligible for compensation.

For more information, please visit the settlement website or contact the Claims Administrator.

Case Information

For all other case-related information, please visit the FAQ page on the dedicated settlement website.

Discontinuances

Pursuant to the terms of the National Settlement Agreement, various individual cases that had been started across Canada were discontinued. All potential class members represented by those actions are now eligible to make a claim through the claims process as a result of the National Settlement Agreement.