The Bosch Emissions Class Action Proposed Settlement
THIS IS A LEGAL NOTICE OF DEVELOPMENTS IN A CLASS ACTION THAT MAY AFFECT YOU
The Bosch Emissions Class Action and the Previous Settlements
VANCOUVER, BC, July 10, 2020 /CNW/ - A number of emissions class actions were commenced across Canada concerning 2009-2016 Volkswagen, Audi and Porsche vehicles equipped with diesel engines (the "Emissions Claims"). The Emissions Claims were already the subject of two court-approved settlements with Volkswagen, Audi and Porsche (the "2&3L Settlements"), where extensive benefits were made available to owners and lessees of the affected vehicles. A separate action against Robert Bosch GmbH (the "Bosch Action") has been certified and is now the subject of a proposed settlement.
Who Should Read this Notice?
The certification and settlement of the Bosch Action affects the rights of Bosch Settlement Class Members. Subject to some exclusions*, you are a Bosch Settlement Class Member if:
(a) |
On September 18, 2015, you owned or leased a diesel-powered 2009-2015 VW Jetta, a 2009 VW Jetta Wagon, a 2010-2013 or 2015 VW Golf, a 2012-2015 Passat, a 2010-2014 VW Golf Wagon, a 2015 VW Golf Sportswagon or a 2010-2013 or 2014 Audi A3; or |
(b) |
On November 2, 2015, you owned or leased a diesel-powered 2014-2016 Audi A6, A7, A8, A8L or Q5, a 2009-2015 Audi Q7, a 2013-2016 Porsche Cayenne or a 2009 to 2016 Volkswagen Touareg. |
For a list of Excluded Persons*, which includes persons who purchased their vehicles in Quebec, visit www.BoschCanadaSettlement.com. Excluded Persons are not Bosch Settlement Class Members.
The Bosch Settlement
The Bosch Settlement seeks to resolve the Emissions Claims advanced against Bosch. The Bosch Settlement needs to be approved by the Ontario Superior Court of Justice (the "Court") before it is effective. If approved, Bosch will pay the all-inclusive payment of CAD $9,270,000 in exchange for a final release of all Emissions Claims of Bosch Settlement Class Members. However, not all Bosch Settlement Class Members will receive compensation. A proposed Distribution Plan* that is subject to Court approval contemplates payments only to 4 categories of Bosch Settlement Class Members. A hearing to consider whether to approve the Bosch Settlement and the Distribution Plan will take place at 10 am on August 28, 2020 at the Courthouse located at 130 Queen Street West, Toronto, Ontario (the "Approval Hearing").
What are the options of Bosch Settlement Class Members?
- Do nothing: Bosch Settlement Class Members will participate in the Bosch Action and be bound by any court-approved settlements, including any plans for distribution of settlement proceeds;
- Exclude yourself (opt-out) by August 21, 2020: Bosch Settlement Class Members will be excluded from the Bosch Action and not be bound by any court approved settlements or be able to share in any proceeds, if available;
- Comment / Object to the Bosch Settlement by August 21, 2020: Bosch Settlement Class Members may submit their views or comments regarding the Bosch Settlement for consideration by the Court on the Approval Hearing.
Delivery of requests to opt-out or comments / objections to the Bosch Settlement must be delivered by mail to the Claims Administrator, RicePoint Administration Inc. by August 21, 2020 in order to be effective and considered. Visit www.BoschCanadaSettlement.com for more information about how to submit a request to opt-out or comment.
*Where Can I Get More Information?
This notice is just a summary. For more information, including to view copies of the Settlement Agreement, proposed Distribution Plan and a more detailed Long Form Notice with additional instructions and contact information for Class Counsel, who are available to assist with any questions or inquiries, please visit www.BoschCanadaSettlement.com.
SOURCE Branch MacMaster LLP
For more information or media inquiries: Luciana Brasil, [email protected]
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