Important Update

The Claims Administrator has completed their review of all claims submitted and decision letters were sent to claimants by mail on September 5, 2025 and e-mail on September 8, 2025.

Settlement payments will be sent to all approved claimants following the conclusion of the appeal period. Rebate authorization codes are contained within decision letters and can be used immediately. Please visit the official settlement website for more details.

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

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.

Status of Claims Process

The Claims Administrator has reviewed all claims submitted, including late claims which were accepted pursuant to a further Order of the Supreme Court of British Columbia and reviewed pursuant to the Court-approved distribution protocol. Decision letters were sent to all claimants by regular mail on September 5, 2025. A further copy was sent by e-mail on September 8, 2025 to claimants who provided a valid e-mail address.

If you provided an e-mail address when you submitted your claim and have not received your decision letter, we recommend that you check your e-mail junk folder prior to contacting the Claims Administrator. Mailed copies of the decision letters were sent through Canada Post. Please allow time for the decision letter to arrive by mail before contacting the Claims Administrator. If you have not received your decision letter after a reasonable period of time, please reach out to the Claims Administrator.

Please note that the “Estimated Compensation Values” for Cash and Prove-Up Claims set out in decision letters are based on current projected estimations and remain subject to change as the collective claims results are finalized.

Rebate authorization codes are contained within decision letters and can be used immediately. Rebate authorization codes must be redeemed by March 5, 2027.

If you disagree with your decision letter, you can appeal the decision by requesting a review of your claim determination on or before October 5, 2025. Details of how to make an appeal can be found on the official settlement website.

Settlement payments will be sent to all approved claimants following the conclusion of the appeal period.

For more information on decision letters, rebate authorization codes, the process to appeal your decision letter, and all other claim-related questions, please visit the FAQ page found on the dedicated settlement website. If upon reviewing the FAQ page you still have questions, please contact the Claims Administrator.

Case History

Settlement Approval

A settlement was reached with Navistar Canada ULC, Navistar Inc., Navistar International Corporation and Harbour International Trucks Ltd. (the “Defendants”). The Defendants agreed to a settlement valued at a maximum of $14,500,000, $13,775,000 in cash and up to $725,000 towards rebates.

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.

For more information on the settlement, who is included and frequently asked questions, please visit 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 were eligible to make a claim through the claims process as a result of the National Settlement Agreement.