Client: ALBERT HADIDA v. NISSAN CANADA INC and NISSAN NORTH AMERICA INC and NISSAN MOTOR CO., LTD.,
Date: June 2016
All consumers in Quebec, who, any time between May 8, 2006 to November 30, 2015, purchased and/or leased one or more of the Nissan Versa model years 2007-2012 recalled under Transport Canada Recall No. 2015402 manufactured, distributed, supplied, wholesaled and/or imported by Nissan.
The Plaintiff alleged that Nissan violated section 228 of Quebec’s Consumer Protection Act, by failing to inform consumers of the defects in the spring coils in Nissan Versa 2007-2012 models. Plaintiff further alleged that Nissan was negligent before, during and after the recall. Nissan always denied any wrongdoing and has agreed to settle the class action on a without prejudice or admission of any wrongdoing. A copy of the Settlement Agreement is available below.
The Settlement Agreement has a total settlement maximum of $1,800,000.00, which includes the payment of administration expenses, and the payment of Class Counsel fees. The Settlement Agreement, if approved by the Court, requires Nissan to compensate affected Class Members. If approved, Class Members may claim settlement funds in the following amounts:
a) Up to $70 via e-transfer or cheque (“Cash Payment”); or
b) Up to $115 in credit to be used in any Nissan dealership in Quebec – in the form of a Nissan gift card letter, which expires after 5 years (“Credit Payment”).
In order to receive a Consumer Cash Payment or a Consumer Credit Payment, Class Members must submit a valid and timely Claim through an on-line Claim Form (available on the Settlement Website) to the Claims Administrator. The Settlement Website is: www.springcoilsettlement.com. The Claims Administrator will provide a paper copy of the Claim Form upon request of Class Members who cannot complete the on-line Claim Form. No Claim Forms will be accepted by the Claims Administrator past the Claims Deadline.
Class action authorized by the Superior Court of Quebec on January 24, 2019. The notices to Class Members were approved on February 23, 2021. The Settlement Approval Hearing will take place on March 25, 2021, at 9:15 a.m., via TEAMS or in a room to be determined of the Montreal courthouse. The date and time of the Settlement approval Hearing may be subject to adjournment by the Court without further publication notice to the Class Members, other than such notice which will be posted on this website and on the Settlement website www.springcoilsettlement.ca.
|2016 06 27 APPLICATION TO AUTHORIZE|
|2019 01 24 JUDGMENT AUTHORIZING THE CLASS ACTION|
|2021 02 17 SETTLEMENT AGREEMENT|
|2021 02 23 JUDGMENT APPROVING NOTICES OF A SETTLEMENT APPROVAL HEARING|
|SCHEDULE B NOTICE OF HEARING FOR SETTLEMENT APPROVAL|