Class Action

McCAGUE BORLACK LLP

We are a leading Ontario based litigation law firm with significant experience both prosecuting and defending class action litigation.  See below for information to FAQ regarding the Volkswagen Class Action.

Volkswagen Class Action FAQ

FAQ - As of September 30, 2015

What is a class action?
 
A class action is a lawsuit whereby a group of parties with common interests advance an action against a common defendant or defendants.  Class actions were designed to improve access to justice by permitting parties with common interests to prosecute claims that would be too expensive to prosecute individually. Legislation governs most class actions, and the legislation in Ontario is called the Class Proceeding Act, 1992.  Generally speaking, class actions have a higher degree of court involvement than other actions; for instance, a court must certify any class and later must approve of any settlement.  
 
What is certification?
 
All potential class actions must be ‘certified’ as class proceedings before they can proceed as class actions through to trial. Certification therefore is a crucial stage in a class proceeding. To certify a class a court must accept that an appropriate representative plaintiff is advancing a reasonable cause of action raising common issues of an identifiable class and that the class action is the preferable route to resolve such issues.
 
If certification is granted, the certification order will include a definition of the class, as well as a plan for notifying the class members.  
 
Why a Volkswagen class action?
 
The primary goal of any class action is to compensate class members for potential loss. Our secondary goal in pursuing this class action is to implement a socially conscious change towards reducing automobile fuel consumption and emissions, which we believe is in keeping with why many Volkswagen TDI customers originally sought "CleanDiesel".  
 
How do I get involved?
 
Through the certification process, the composition of the class will be defined.  If an individual falls within that certified definition, then he or she will be a class member.  Individuals may choose to remain part of the class or may choose to opt-out of a class, and thereby retain their right to bring an individual action.  Unless they wish to, individuals are not required to take any action to be a member of the class and do not have to pay to be a part of the class action.  
 
At a future time, if the action is certified and proceeds to a trial or settlement, you may wish to assert your rights as a class member.  In order to stay informed of your choices, we recommend that you monitor our website, and alert us of your interest in the class.  The information you provide may be useful to advancing the class action.  
 
If you wish to notify us of your interest in this class action, please go to the Registration page.  Should you have any additional questions, you can also contact us by email at vwclassaction@mccagueborlack.com or by telephone to Peter Yaniszewski or David Olevson toll free at 1-888-960-0010.   

Customer Information from Volkswagen September 29

Here is a FAQ page posted on Volkswagen's site for their customers titled INFORMATION REGARDING 2.0 TDI EPA NOTICE: Emissions: your Questions