VOLKSWAGEN EMISSIONS CLASS ACTION

February 5, 2018 – Important Update

On January 12, 2018, a tentative settlement was reached between class members and Volkswagen regarding affected 3.0 L vehicles. The settlement still needs to be approved by the court before it is considered final. Details can be found at https://www.vwcanadasettlement.ca/en/_3models

April 21, 2017 – Important Update

Starting on April 28, there is an approved settlement in the VW class action. For more information on the terms of the settlement agreement, please visit the Canadian VW claims website at www.vwcanadasettlement.ca. PLEASE NOTE: All Questions must be directed to the claims administrator. We are not able to give advice on individual inquiries.

Volkswagen Group Canada Inc. and Canadian class counsel announced today that both the Québec and Ontario Courts have granted approval of the nationwide settlement agreement to resolve consumer claims in Canada related to the 2.0L diesel emissions matter for approximately 105,000 affected vehicles. The Ontario Court will also be subsequently providing additional reasons for granting approval.

The approved settlement agreement provides for cash payments to eligible owners and lessees of Volkswagen and Audi 2.0L TDI vehicles. Many of these settlement class members will also have choices that may include selling or trading in their vehicle, or terminating their lease without any early termination penalty, or keeping their vehicle and receiving an emissions modification that has been approved by regulators together with an extended emissions warranty.

Maria Stenstroem, Chief Executive Officer, Volkswagen Group Canada, said, “Approval of the settlement is an important milestone in our journey to making things right in Canada. Volkswagen Group Canada is committed to ensuring that the settlement program is carried out as conveniently as possible for our affected Volkswagen and Audi 2.0L TDI customers. We are devoting significant resources and personnel to ensuring their experience with the settlement program is a positive one.”

2.0L TDI Settlement Program in Canada
The approved nationwide settlement program includes:

• Cash payments to eligible current and former owners and lessees of approximately 105,000 affected vehicles nationwide.
• Many of these settlement class members are also eligible to choose to sell their vehicle to Volkswagen (the buyback option) or terminate their lease without any early termination penalty, or, if an emissions modification is approved, keep their vehicle and have it modified at no charge and receive an extended emissions warranty.
• A vehicle’s value for a buyback will be determined based on the Canadian Black Book® Inc. wholesale value as of September 18, 2015, with adjustments for factory options and mileage at the time of the buyback offer.
• Eligible owners can also choose to trade in their vehicle and apply its fair market value at the time of the trade-in towards the purchase of a new or used Volkswagen or Audi vehicle. In addition, they will receive payment of any amount by which their vehicle’s wholesale value as of September 18, 2015 exceeds its fair market value at the time of the trade-in.

Starting on April 28, Canadian settlement class members and U.S. customers with affected 2.0L TDI vehicles that were first sold or leased in Canada may submit claims for benefits under the settlement by way of an online portal at www.VWCanadaSettlement.ca or a paper claim form (available at www.VWCanadaSettlement.ca or by calling the Canadian Settlement Claims Centre at 1-888-670-4773).

As their claims are approved, claimants will, where applicable, be able to schedule appointments with their preferred Volkswagen or Audi dealership in Canada to complete their settlement transactions.

More detailed information about the 2.0L TDI settlement program in Canada and available benefits can be found at www.VWCanadaSettlement.ca or by calling the Canadian Settlement Claims Centre at 1-888-670-4773.

See www.VWCanadaSettlement.ca for details on registering your claim.

Previous Updates:

December 19, 2016 –Important Update
As of today, there is now a proposed settlement in the VW class action. For more information on the terms of the settlement agreement, please visit the Canadian VW claims website atwww.VWCanadaSettlement.ca

The settlement is subject to court approval in March of 2017. James H. Brown & Associates is not handling any individual claims against VW. Please note that qualified claimants do not need a lawyer to assist them.
Seewww.VWCanadaSettlement.ca for details.

August 16, 2016 –Important Update
On July 29, 2016, Class Counsel and the Volkswagen and Audi lawyers (“Defendants’ Lawyers”) reported to Justice Belobaba of the Ontario Superior Court of Justice on the status of settlement discussions.

Class Counsel and the Defendants’ Lawyers are continuing to negotiate, aiming to settle the class actions in Canada concerning the diesel Volkswagen, Audi and Porsche diesel motor vehicles. We are not able to report to you about the particulars of the settlement discussions.

On October 18, 2016, Class Counsel and the Defendants’ Lawyers are scheduled to appear before Justice Belobaba to report to him. If a settlement has been reached, Justice Belobaba will give directions for a settlement approval motion to be heard on December 19 and 20, 2016.
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If on October 18, 2016 a settlement has not been reached, Justice Belobaba will direct that the certification motion be heard on December 19 and 20, 2016.

If a proposed settlement is reached, it must be approved by the court and class members will have an opportunity to review the settlement details and provide comments in advance.

July 8, 2016 – Important Update

James H. Brown & Associates continues to participate as a member of a consortium of law firms across Canada pursuing class actions against Volkswagen concerning the installation of a “defeat device”. Various class actions in the United States against Volkswagen, Audi, and Porsche have been consolidated in what is known as the Northern District of California before Judge C.R. Breyer.

On June 28, 2016, a U.S. settlement agreement for certain U.S. 2 litre diesel vehicles was released. The settlement agreement does not include compensation for Canadians.

The consortium has been participating in and supporting a Cross Canada or “Pan Canadian” class action for the benefit of all Canadians. On June 27, 2016, the case management Judge in Ontario authorized a mailing to proposed class members of a “status notice”. The status notice may be reviewed here.

Canadian class counsel and defence lawyers are involved in ongoing negotiations aiming to resolve Canadian class actions concerning the diesel Volkswagen, Audi and Porsche vehicles.

On or before July 29, 2016, the Canadian courts will receive an update with respect to ongoing settlement discussions. We will post a further update on our website as information becomes available.

April 21, 2016 – Important Update

By way of update, you may have heard in the media that a tentative settlement has been reached with VW in the United States. At this point, the settlement is for U.S. Residents only. The litigation in Canada is ongoing and a hearing for certification of a national class action in Canada is set in June. VW Canada has indicated a willingness to settle in Canada. Any class action settlement will require court approval – we will keep you advised as matters develop and once we have more details for you.

March 9, 2016 – An application by the plaintiffs (consumers) to certify the case as a class proceeding has been scheduled to take place by June 30, 2016. NOTE: “certification” is essentially obtaining approval from the court that the case can proceed for all Canadians on a collective or class basis.

November 16, 2015 – The lawsuit has been served on VW and they have retained defence counsel. As per the usual process in a class proceeding, a case management judge has been appointed to oversee the action. We will be attending a case management conference on December 1st with the judge to set a timetable for steps in the case.

As well, we have met and are in communication with many of the other firms that have filed cases across the country and are working cooperatively on a process to help streamline the various lawsuits.
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Check back to this page for future updates.

Media reports on the Volkswagen Emission Scandal:

• Consumers blindsided by Volkswagen’s emissions test rigging CBC.ca
  Volkswagen’s emissions test-rigging scandal is shocking many in the industry because of how intentional the auto company’s deceit seems to …
• Volkswagen emissions rigging echoes similar scandals at GM … CBC.ca
  Volkswagen is the latest automaker in the hot seat, amid revelations the German company rigged emissions tests in more than 500,000 of its …
• UK calls for probe into VW scandal as Merkel seeks ‘transparency … The Guardian Volkswagen shares have closed down 19.82% at €106, meaning some €26bn or so has been wiped off the value of the German carmaker this …
• Europe stocks plummet 3%; Volkswagen, miners tank CNBC-
  European stocks ended sharply lower on Tuesday, brought down by autos tanking, several major mining companies being downgraded and oil …
• What Should I Do If I’m A Volkswagen TDI Owner? Jalopnik-
  By now you’ve probably heard Volkswagen got caught cheating emissions regulations with their TDI diesels on millions of cars worldwide.
• Venality At Volkswagen Forbes
  On occasions, a corporate scandal can lead to the offending institution actually going out of business. One of the earliest examples of this is the …
• Opinion: Volkswagen scandal may put car maker’s survival on the line MarketWatch
  Even before Volkswagen’s recent scandal, it received a ranking of 4.6 … turn a profit so long as Volkswagen stock underperforms the S&P 500.
• Volkswagen Is Screwed Jalopnik
  Volkswagen tried to sell a car in the United States with a “clean” diesel engine that didn’t require the kind of additives that every other person …
• Volkswagen’s brand is worth a lot less than it thinks Fortune-
  Volkswagen VLKPY -18.37% is not the only automaker to put a dollar amount on its brand. General Motors, which recently agreed to pay $900 …