MINI Cooper Power Steering
The Claim: This certified class action alleges that the power steering system in the Class Cars contain dangerous defects that can cause a sudden and unexpected loss of power steering, potentially resulting in a crash, causing property damage or personal injury; and/or component smouldering, potentially resulting in vehicle fires. The class action claims that the defendants are liable for negligent design, manufacture and distribution, failure to warn that the Class Cars were dangerously defective, and failure to recall a dangerously defective product.
The representative plaintiff is the owner of a 2003 MINI Cooper, one of over 16,600 Class Cars which were sold in Canada.
Despite recalling some of the Class Cars in the U.S. and in the U.K., BMW has failed to initiate any Canadian recall to repair the Class Cars’ power steering systems. Instead, BMW Canada has provided only a limited warranty extension on the power steering pump and pump cooling fan for some of the Class Cars, with no relief or repairs offered for the other Class Cars where the same defects are present. Under the extended warranty, BMW Canada agreed to repair the power steering system defects only if a power steering failure manifests before the expiration of the warranty time or mileage limit, with no reimbursement of previously incurred repair costs.
The class action seeks reimbursement for everyone who paid for the repairs to the power steering system themselves, and to compensate Class Members for the cost of having the repairs completed now. It also seeks damages for any injuries or damages suffered as a result of the power steering system defects.
The Class: Includes all persons or entities in Canada who are or were owners or lessees of:
(i) a 2002, 2003, 2004, 2005 or 2006 model year MINI Cooper or MINI Cooper S; or
(ii) a 2005, 2006, 2007 or 2008 model year MINI Cooper Convertible or MINI Cooper S Convertible, (collectively, the “Class Cars”),
and their estates, executors, successors or assigns (the “Class Members”).
Our Partners: Podrebarac Barristers Professional Corporation
April 2, 2020: this action was certified as a class proceeding.
We are currently in the “discovery” stage of the litigation. This involves each side exchanging their relevant documents, followed by oral examinations (“depositions” in US/TV jargon). The discovery stage in a class action lawsuit like this tends to be lengthy and complex, because BMW is required to produce documents relating not only to the alleged defects, but also about BMW’s knowledge of, and response to, the alleged defects.
- Fresh as Amended Statement of Claim
- Fresh as Amended Statement of Defence
- The Reasons for Decision (Certification) of Justice Perell
- MINI Cooper Class Action Certification Press Release
- Long-Form Notice of Certification
- Short-Form Notice of Certification
- Certification Order
What is a class action?
A class action is a special form of lawsuit in which one plaintiff brings a claim against one or more defendants based on allegations which are common to a group, or class, of people. In order for the action to become a class action, it must proceed through a stage known as “certification”.
Who brings a class action lawsuit forward?
A statement of claim is issued on behalf of a “representative plaintiff”. The representative plaintiff’s role is to work with class counsel to bring the action forward and to represent the class members in court.
What is certification?
In order for an action to proceed on behalf of the entire class, a judge must decide (among other things) whether the members of the proposed class have common issues, and whether a class action is the preferred way to resolve the issues. The process to decide these issues is known as the “certification motion”. If the judge is satisfied that the case meets all of the requirements for certification, he or she will issue an order which certifies the action as a class action.
Do I have to do anything to “join” the lawsuit?
No. If the lawsuit is certified, and you are included in the class as defined, you are automatically included in the lawsuit.
Once I am part of the class do I have to do anything?
No. We will work primarily with the class representative.
What if I do not want to be included in the lawsuit?
Those who do not wish to remain in the class will be given the option to opt-out by sending an opt-out form at the appropriate time to us.
What are the benefits of proceeding as a class action?
Certification as a class action will enable us to prove the facts in a single lawsuit rather than in numerous individual lawsuits. This has obvious benefits to the class members and to the courts.
How long does it take for a class action to be resolved?
There is no timeframe. We will move the case forward diligently but it can take a considerable period of time to reach trial.
Can a class action lawsuit be settled without going to trial?
Many class actions settle and thereby remove the need for a trial. However, we cannot predict with any certainty whether or not there will be a settlement in a given action.
What are the chances of winning the action?
The chances of “winning” can never be accurately predicted.
Will be liable for any costs or legal fees?
Class action lawsuits are typically brought on a contingency fee basis. This means that the lawyers will only be paid if the action is successful at trial or results in a settlement in favour of the plaintiffs. Legal fees would then be paid out of the settlement or judgment proceeds as approved by a judge.
Disbursements (i.e. out-of-pocket expenses, including expert reports) may be dealt with in one of two ways.
Most commonly, the lawyers will absorb the cost of disbursements. The lawyers may seek funding assistance from the Class Proceeding Fund, which may provide funding for disbursements if granted.
In some cases, disbursements may be funded by the class members, including the class representative. This typically occurs in smaller class actions brought on behalf of an organization or network of individuals where each member of the class is easily identifiable and known to the representative plaintiff. If the class action is successful, amounts advanced for disbursements are re-paid from the proceeds of any judgment or settlement to class members (and others).
Will I be liable for costs of the action if it is unsuccessful?
Only the class representative may be liable for costs of the common issues portion of the action if it is unsuccessful.
When can I expect to receive a payout from this class action?
A “payout” or an award for damages is never certain.
The action may settle or it may proceed to trial, at which time a judge will determine the amount of damages, if any, to which the class members are entitled to. Regardless, the amount of “payout” cannot be predicted, and we cannot predict when the action may settle or when the trial will conclude.
How will counsel keep me updated on the progress of the case?
If the lawsuit is certified as a class action, you will receive a formal notice from the court explaining the nature of the case and providing you with the opportunity to opt out if you wish. General information about the lawsuit will be posted on Sotos LLP’s website at https://www.sotosclassactions.com.
Where can I send any documents that I have that may be relevant to a class action?
We ask that you keep a copy of any documents, correspondences, records, invoices, receipts, etc. that you feel might be relevant to your individual claim in the class action. If there is a “payout,” this documentation may be required in order to support your claim for compensation.
It is not required that you send any documents to us at this time.