On October 2, 2014, Rochon Genova LLP commenced a national class action against Navistar International Corporation and its Canadian subsidiary, Navistar Canada, Inc. on behalf of all Canadian owners and lessors of 2008-2013 model year trucks equipped with MaxxForce Advanced EGR diesel engines.
The action alleges that Navistar actively concealed that its 2008-2013 model year trucks equipped with MaxxForce Advanced EGR diesel engines contained a defective emissions system that caused the trucks to suddenly - and repeatedly - break down. These break-downs endangered drivers and have caused extraordinary financial loss.
From the date of delivery in November of 2012 to early September of this year, the representative plaintiffs' Navistar vehicle has required 36 repair jobs, most of which have involved defects and problems with the EGR system. The truck has been in the shop more than it has been on the road and their financial losses from not being able to use the truck have been extreme.
Joel P. Rochon, partner at Rochon Genova LLP who has issued the claim in Toronto, stated: "Canadian truckers, many of whom run their businesses with a single vehicle, relied on the historically strong track record of the International (Navistar) brand in purchasing or leasing these vehicles to support their livelihoods. However, these trucks and engines have fallen far short of the mark". And further: "We believe the evidence will amply demonstrate that Navistar was aware of the defects with these engines long before they began marketing them in Canada--Navistar should be held accountable for the tremendous losses suffered by these Canadians".
The allegations raised in the claim have not yet been proven in court. Proposed class members are represented by Rochon Genova LLP.