Toyota Canada – Tacoma, Tundra and Sequoia – Rusty Frame – National Class Action Settlement
Date of Initial Application: November 17, 2016
PROPOSED NATIONAL SETTLEMENT
If You Own or Lease or Previously Owned, Purchased, or Leased a Toyota Tacoma (2005-2010), a Toyota Tundra (2007-2008), or a Toyota Sequoia (2005-2008), You Could Get Benefits from a Class Action Settlement.
There is a proposed settlement in class action lawsuits started in Ontario and Quebec against Toyota Canada, Inc. (Toyota) concerning purchase(d) or lease(d) Model Year 2005–2010 Toyota Tacoma, 2007–2008 Toyota Tundra, or 2005–2008 Toyota Sequoia vehicles distributed for sale or lease in Canada.
The Courts will hold settlement and counsel fees approval hearings in Ottawa on September 7, 2018 at 10:00AM and in Montreal on September 5, 2018 at 9:30AM.
The proposed Settlement provides a free Frame Inspection and Replacement Program through which Toyota Dealers will, upon your request and free of charge, inspect the frames on the Subject Vehicles to determine whether your Subject Vehicle’s frame should be replaced. If the frame needs to be replaced because it satisfies the Rust Perforation Standard, replacement of the frame and associated parts will be at no cost to you. If the frame does not meet the criteria for frame replacement, under certain circumstances, the Toyota Dealer will apply Corrosion-Resistant Compounds (“CRC”) at no cost to you, pursuant to the Inspection Protocol. You can contact your Toyota Dealer beginning on July 21, 2018 to have your Subject Vehicle inspected as part of this program. The settlement also reimburses Class Members who previously paid out-of-pocket for frame replacement due to rust perforation that satisfies the Rust Perforation Standard that were incurred prior to June 8, 2018, and that were not otherwise reimbursed.
If the settlement is approved, and you do nothing, you will remain in the class and receive the benefits of the settlement, but will not be able to sue Toyota.
You have the right to appear in court to object to the proposed settlement.
You can exclude yourself from the class action by October 22, 2018. If you do so, you will not get any settlement benefits, but you keep the right to sue Toyota about the issues in the lawsuit.
The full length notice describing how to obtain settlement relief, object to the settlement, or exclude yourself after approval is available on this page and at www.Toyotaframesettlement.ca.
LEX GROUP Inc. has launched a national class action lawsuit against TOYOTA CANADA INC. (hereinafter “Toyota”), on behalf of all persons in Canada who have purchased and/or leased and/or or own one of the following Toyota vehicles:
- Toyota Tacoma (2005 to 2010) (hereinafter ” Tacoma “);
- Toyota Tundra (2007 and 2008) (hereinafter ” Tundra “);
- Toyota Sequoia (2005 to 2008) (hereinafter ” Sequoia “);
(hereinafter collectively the « Toyota vehicles »)
Toyota recently admitted that the frames of the Toyota vehicles were prone to excessive and premature rust corrosion because the said frames were not properly prepared and treated against rust corrosion when manufactured.
This class action alleges that Toyota leased and sold the Toyota vehicles when their frames were not adequately treated against rust corrosion, which constitutes an important design defect. Since the frames are prone to premature and excessive rust corrosion, this renders the vehicles unstable and unsafe for the passengers.
The owners or lessees of the Toyota vehicles have also suffered or will also suffer a significant decrease in the value of their vehicle (including the resale value) due to this significant defect, unless the frame of their vehicle is repaired or replaced.
Accordingly, if you have purchased and/or leased and/or own a Toyota Tacoma (2005 to 2010), a Toyota Tundra (2007-2008) and/or a Toyota Sequoia (2005 to 2008), then you may be part of the proposed Class defined by the class action initiated by our office. Should you be defined as a member of the class, you may be entitled to compensation should the Court authorize and ultimately grant the class action on the merits, or should a settlement be reached (and approved by the Court).
Please fill out the form below if you wish to be kept informed of the progress of this case.
If you wish to be kept informed and/or receive notification of major judgments rendered or notices in this case, please complete the form below. Please note that providing your information in the form below creates no financial obligation for you and it does not create a lawyer/client relationship between yourself and Lex Group Inc. (or any of its attorneys). You will not be charged any fees or costs for signing up to this class action since our firm is only paid on a contingency basis from the potential compensation recovered in this file, if the class action is successful by way of final judgment or settlement approved by the Court.
Please be advised that the group definition of the people to be included in this class action may be changed or modified in the future by Court decision or by way of amendment filed by our firm. We will not inform you or other members of the public if and when the group definition is changed. It is therefore your sole responsibility to ensure that your own personal rights and recourses are being protected at all times during the course of these proceedings. You may therefore wish to seek independent legal counsel in order to determine whether it would be in your best interest to pursue independent litigation in this matter (or any other matter), and to determine if you can potentially be included in this case if a final judgment is rendered or if a settlement is reached and approved by the Court.
By signing up to this class action, you are merely asking our firm to include you in our list of potential members in this class action but our firm is not agreeing to represent your personal interests. If a final judgment is rendered in this case, or if a settlement is reached (and approved by the Court), an e-mail may be sent to you and the relevant information may be posted on this website. The Court will determine the manner and extent of any future notifications to class members.
Be advised that the information you provide will be included in our list of potential class members for this case, which list may be shared with and disclosed to the Courts and/or other parties in this action (at our discretion). Rest assured that any such disclosure will be done in such a manner as to protect your personal information and confidentiality from unauthorized use, disclosure or publication.
Finally, be advised that the above-description and summary of the case is being posted on this website for your convenience. However, in case of conflict between the information on this website and the actual proceedings, documents, and/or judgments in the Court record of this case, the official Court record documents will prevail. We have for your convenience posted on this webpage certain scanned copies of the several relevant documents from the Court record, including the initial application for authorization to institute a class action which describes the case in much more detail. You should therefore consult these documents as well as consult this website periodically in order to be kept informed.