Please find below answers to frequently asked questions:
1. What is the lawsuit about?
The plaintiffs allege that certain vehicles manufactured by Toyota, which are equipped with electronic throttle control systems (“ETCS”), are defective and can experience acceleration that is unintended by the driver. The lawsuit claims for negligence, failure to warn, breach of warranties, negligent misrepresentation, unjust enrichment and civil conspiracy.
Toyota denies that it has violated any law or engaged in any wrongdoing, and denies that there is any defect in its ETCS. The parties agreed to resolve these matters before these issues were decided by the Court.
2. Why is this a "class action"?
In a class action, people called “Class Representatives” sue on behalf of other people who have similar claims. All of these people together are the “Class” or “Class Members”. The Court then resolves the issues for all Class Members, except for those who opt out of the Class.
3. Why is there a settlement?
Both sides in the lawsuit agreed to a settlement to avoid the cost and risk of going to trial, and so that the Class Members can get benefits in exchange for releasing Toyota from liability. The settlement does not mean that Toyota broke any laws or did anything wrong, and the Court did not decide which side was right. The Class Representatives and the lawyers representing them (called “Class Counsel”) believe that the settlement is in the best interests of all Class Members. The settlement has now been approved by the courts in Ontario, Québec, Nova Scotia and Saskatchewan.
4. What vehicles are included in the settlement?
The following makes, models and years of vehicles are included in the settlement:
|Camry Solara (2AZ)||2002-2008|
|Camry Solara (except 2AZ)||2004-2008|
|Corolla (except 2ZZ)||2005-2010|
|Corolla Matrix (except 1ZZ 4WD, 2ZZ)||2005-2010|
|Tacoma (5VZ w/ETCS-i)||2003-2004|
|Tundra (except 5VZ)||2000-2010|
|RX HV||2006-2008, 2010|
5. How do I know whether I am part of the settlement?
You are part of the settlement if you are a person, entity or organization who own or owned, purchase(d), lease(d) and/or insure(d) a vehicle listed above. This is called the "Class."
Please note that, if you are a Class Member, you do not need to currently own, lease or insure one of the above-listed vehicles to be part of the settlement.
The following are excluded from the Class: (a) Toyota Canada Inc, Toyota Motor Corporation, Toyota Motor North America Inc., Toyota Motor Sales, U.S.A., Inc., Toyota Motor North America Engineering & Manufacturing Inc, and Toyota Motor Manufacturing Canada Inc., their officers, directors and employees; their affiliates and affiliates' officers, directors and employees; their distributors and distributors' officers, directors and employees; and Toyota Dealers and Toyota Dealers' officers and directors; (b) CTS of Canada Limited, CTS of Canada Holding Co., CTS of Canada GP, Ltd., CTS of Canada Co. and CTS Corporation, their officers, directors and employees; their affiliates and affiliates' officers, directors and employees; their distributors and distributors' officers, directors and employees; (c) Class Counsel, and their employees; (d) judicial officers and their immediate family members and associated court staff assigned to the Actions; and (e) persons or entities who or which timely and properly exclude themselves from the Class.
6. I was in an accident involving a Toyota. How does this settlement affect me?
The settlement does not release claims for personal injury, wrongful death or actual physical property damage arising from an accident involving a Toyota or Lexus vehicle. This is addressed in the Settlement Agreement at Section XI, available here.
7. What does the settlement provide?
The following benefits are available to Class Members:
A. Brake Override System (“BOS”) Installation.
Class Members who currently own or lease a vehicle listed below may have a brake override system installed on their vehicle for free, in order to provide an added measure of confidence in the safety of Toyota vehicles.
To take advantage of this benefit if you are eligible, you must take your vehicle to a Toyota or Lexus authorized dealer. This benefit is available for two years from the date Toyota gives notice on the settlement website that the BOS is available. You must still own or lease and possess your vehicle at the time you want the BOS fitted. However, this benefit will be automatically transferred with the sale of the vehicle. Inoperable vehicles and vehicles with a salvaged, rebuilt or flood-damaged title are not eligible to receive BOS.
Models for which Toyota Already Has Offered the Installation of BOS:
|Toyota Models||Model Years|
|Lexus Models||Model Years|
New Models for which Toyota Will Offer the Installation of BOS:
|Toyota Models||Model Years|
|Corolla (except 2ZZ)||2009-2010|
|Corolla Matrix (except 1ZZ 4WD, 2ZZ)||2009-2010|
|Lexus Models||Model Years|
Hybrid vehicles already have something called Parts Protection Logic that, among other things, performs a similar function as a brake override system.
B. If your vehicle is not eligible for BOS, you may be entitled to a cash payment of $62.50 instead.
Hybrid vehicles, vehicles that have had BOS installed and BOS-eligible vehicles do not qualify for this payment. If you currently own or lease a vehicle that is listed here, you may be eligible for a cash payment.
Important: In order to receive the payment of $62.50, eligible Class Members must complete and submit the proper Claim Form. Claim forms are currently being accepted and will be accepted until further notice. The claims deadline will be posted on the settlement website in due course. Click here to make a claim.
C. Customer Support Program
For Class Members who still possess their vehicles, Toyota is implementing a Customer Support Program that will stand by the reliability of the vehicles by providing provide prospective coverage for repairs and adjustments needed to correct defects in materials or workmanship in certain parts associated with the vehicle's operation at no cost to the owner or lessee if any of those parts fail, break, or malfunction. The Customer Support Program will last for ten (10) years after the expiration of any existing warranty for each of the covered parts, subject to a maximum limit of 240,000 kilometres, except that each eligible vehicle will receive no less than three (3) years of coverage from the date of final settlement approval (regardless of when the underlying warranty expires and your vehicle's mileage), if the Court finally approves the settlement.
The covered parts are the: (i) engine control module; (ii) cruise control switch; (iii) accelerator pedal assembly; (iv) stop lamp switch; and (v) throttle body assembly. The Customer Support Program is transferable with the Subject Vehicle. Inoperable vehicles and vehicles with a salvaged, rebuilt or flood-damaged title are not eligible for the Customer Support Program.
You do not need to take any action to benefit from the Customer Support Program. If a covered part fails, breaks, or malfunctions due to a defect in materials or workmanship, you should take your vehicle to a Toyota or Lexus authorized dealer for repair or adjustment.
D. Automobile Safety and Education Program
Toyota will make the results of the research program under the U.S. Economic Loss Settlement available to or disseminated within Canada. Toyota has already expended approximately $687,000 on a floor mat safety education (mailing and poster campaign). Upon approval of the settlement, Toyota will also allocate $600,000 to fund five (5) student scholarships at Canadian engineering faculties.
8. I am a Class Member. When will I receive my Settlement Benefit?
For cash in lieu of BOS claims:
You will be entitled to benefits upon submitting a claim form, once your eligibility and the sufficiency of the information provided on the form has been determined.
For vehicles eligible for BOS installation:
Once the settlement is deemed effective, dealers will be given instructions regarding BOS installations. Please note, the effective date will be 10 days after the date of Final Court Approval, which means the later of: a) the date when any applicable appeal period(s) arising from the Approval Orders expire(s) or, if an appeal is made or appeals are made, the date of the final disposition of all such appeals; b) the date on which all necessary Orders in the Other Actions are obtained, as described in Section 8 herein; and c) 21 days after the delivery of the Opt Out documentation by the Claims Administrator to the Parties or 21 days after the Opt Out Deadline of April 29,2014 (whichever is later).
9. What am I giving up in exchange for the settlement benefits?
Class Members who do not opt out of the settlement will release Toyota from liability and will not be able to sue Toyota about the issues in the lawsuit. For more details, read the Settlement Agreement here.
10. Do I have a lawyer in the case?
Yes. The Court has appointed lawyers to represent you and other Class Members. These lawyers are called “Class Counsel”: Joel Rochon at Rochon Genova LLP and Won Kim at Kim Orr Barristers P.C., both in Toronto; Evatt Merchant at Merchant Law Group in Regina; and Jeff Orenstein at Consumer Law Group in Montréal. You will not be charged for these lawyers. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense.
11. How will the lawyers be paid?
Toyota has agreed to pay a set amount for legal fees, the cost of providing notice to class members, the cost of administering the settlement, disbursements and taxes in the total amount of $11.9 million. The Court has also approved awards to the Representative Plaintiffs in the amount of $2,000 each, because they spent time and effort in helping the lawyers with the lawsuit. These payments will not reduce the value of the settlement benefits made available to Class Members.
12. What will happen at the Approval Hearing?
The Courts have held settlement Approval Hearings and found that the settlement and the allocation of benefits and costs is reasonable, fair and in the interests of the class members. The hearings took place as follows:
In the Nova Scotia Action on January 28, 2014 at 9:30 a.m. at The Law Courts, 1815 Upper Water Street, Halifax;
In the Ontario Actions on January 31, 2014 at 10:00 a.m. at the Ontario Superior Court of Justice, 361 University Avenue, Toronto;
In the Quebec Action on February 3, 2014, at 9:30 a.m., at the Superior Court of Québec, 1 Notre-Dame East, Montréal; and
In the Saskatchewan Action on February 5, 2014, at 10:00 a.m., at the Court of Queen's Bench for Saskatchewan, 2425 Victoria Avenue, Regina.
Please be patient and check this website regularly. Please direct all your questions or concerns to the Settlement Administrator, who can be contacted at info@toyotaELsettlement.ca, toll-free at 1-855-823-0650 and at the following address:
Toyota Economic Loss Claims Administrator
Crawford Class Actions Services
c/o Crawford Class Action Services
3-505, 133 Weber St N
Waterloo, ON N2J 3G9
Copyright © 2013