A class action has been certified by the Ontario Superior Court of Justice against BMW Canada Inc. and its parent company BMW AG (together “BMW”). This class action is called: Peter Scott Harris v. Bayerische Motoren Werke Aktiengesellschaft and BMW Canada Inc., Court File No. CV-14-497479-00CP (the “Action”).
The class action is being prosecuted on behalf of 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 vehicle; or
ii) a 2005, 2006, 2007, or 2008 model year MINI Cooper Convertible or MINI Cooper S Convertible,
and their estates, executors, successors or assigns (the “Class”).
If you fall within the definition above, you are a part of the Class, and are known as a “Class Member”.
The MINI Cooper vehicles that are included in the Action are known as the “Class Cars”. The Action claims that there are dangerous defects in the Class Cars' power steering system that can cause the vehicles to lose power steering assist. The Action claims that in some cases, the alleged defects can result in car fires.
BMW denies that the Class Cars have dangerous defects, and denies that the Class Cars present any risk of loss of control or car fires.
The Action seeks to recover the costs that Class Members have paid out-of-pocket to have the allegedly power steering system repaired, or for the cost to have any repairs which may be required done now. It also seeks to recover any other losses that Class Members have incurred for personal injuries or property damage caused by the allegedly defective power steering system, as well as punitive damages.
LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT
DO NOTHING -
Stay in the lawsuit
If you do nothing, you will automatically be included as a member of the Class. You do not need to take any further action now to stay in the lawsuit.
As a class member, you will be bound by any judgment on the common issues or any court-approved settlement.
By doing nothing, you are choosing to stay in the lawsuit. You will keep your right to share in possible money or other benefits that may come from the trial or a possible settlement, however, you will also be bound by any negative results. You are giving up the right to sue BMW on your own regarding the allegedly defective power steering systems in the Class Cars.
OPT OUT -
Exclude yourself from the lawsuit
If you choose to opt out of the class action, then you will not be bound by any court orders in the proceeding. This means that you will get no money or benefits if the action succeeds or a settlement is negotiated. This also means that you will not be bound by any negative results.
If you exclude yourself, you keep the right to sue BMW on your own regarding the allegedly defective power steering system in the Class Cars.
If you intend to opt out and sue BMW on your own, you should be aware that there may be limitation periods that apply to your claim, and the time within which an action may be started. You should consult a lawyer to obtain advice about your rights to bring an individual action before you opt out.
How do I opt out/ask to be excluded?
To exclude yourself, please complete and sign the Opt-Out (Exclusion Request) Form available here, and send it to the Notice Administrator at the address or email address below.
If you do not choose to use the Opt-Out (Exclusion Request) Form, please send the Notice Administrator your name, address, the year/make/model of your MINI Cooper, your MINI Cooper VIN (if available), along with a clear, signed statement that you are electing to opt out of the Harris v. BMW (MINI Cooper) class action.
If you mail your Opt-Out (Exclusion Request) Form or statement, it must be postmarked by November 5, 2020. If you email your Opt-Out (Exclusion Request) Form or statement, it must be time-stamped as having been sent by November 5, 2020 at 5 p.m. PST.
MINI Cooper Power Steering Class Action
c/o RicePoint Administration Inc.
P.O. Box 4454, Toronto Station A
25 The Esplanade Toronto, ON M5W 4B1
Deadline for Opting Out:
No Opt-Out (Exclusion Request) Form or requests to opt out will be accepted after 5 p.m. PST on November 5, 2020. If you have not excluded yourself from the action by that date and time, you will automatically be included in the Action as a Class Member, and you may not exclude yourself thereafter.