Navistar Class Action

February 20, 2024: Important Update – Settlement Approved

The proposed settlement has now been approved by the Court and the claims period is now open. In order to participate in the settlement, eligible claimants must fill out and submit claim forms and supporting documentation prior to August 19, 2024. For more information about the claims process and to download and/or fill out and submit a claim form, please visit the settlement website at www.navistarsettlement.ca.

To review the Short and Long-Form Notices, Settlement Agreement and Discontinuance Orders please follow the links below:

Second Short-Form Notice of Settlement Approval
Second Long-Form Notice of Settlement Approval
Settlement Agreement
Discontinuance Order – Consolidated Action
Discontinuance Order – Bruhm Action
Endorsement of Discontinuances – Justice Glustein

September 19, 2023: Important Notice – Settlement Reached

A proposed settlement has been reached with Navistar Canada ULC, Navistar Inc., Navistar International Corporation and Harbour International Trucks Ltd. (the “Defendants”). The Defendants have agreed to a settlement valued at $14,500,000 on behalf of all persons and entities in Canada, excluding Québec, who on or before February 24, 2022, purchased or leased for more than 30 days, one or more 2011-2014 model year Navistar vehicles equipped with a MaxxForce 11-,13-, or 15-litre engine.  These Navistar vehicles includes the following truck brands: “PAYSTAR”, “WORKSTAR”, “TRANSTAR”, “9900i”, “LONESTAR”, and “PROSTAR”.

The settlement must be approved by the courts. A settlement approval hearing is scheduled for November 30, 2023. For more information regarding the case, the settlement, who is included, and settlement hearing details please visit the settlement website at: www.navistarsettlement.ca.

Opt-Out

If you think you are a Settlement Class member but don’t want to be bound by the class action or the Settlement (if approved), you must take steps to exclude yourself by November 17, 2023. This is your only chance to opt-out of the action so please review the opt-out information carefully. For more information regarding opt-outs, including to obtain a copy of the Opt-Out Form please visit the settlement website at www.navistarsettlement.ca.

Class Members are represented by:

Foreman & Company
Email: [email protected]
Phone: Anni Barry – 519.914.1175 x 107
Mail: Foreman & Company
Attention: Jonathan J. Foreman
4 Covent Market Pl
London, ON N6A 1E2

Rochon Genova LLP
Email: [email protected]
Phone: Jon Sloan – 416-363-1867 x 2990
Mail: 121 Richmond St W #900
Toronto, ON M5H 2K1

Farris, Vaughan, Wills & Murphy LLP:
Email: [email protected]
Mail: PO Box 10026, Pacific Centre South
25th Floor, 700 W Georgia Street
Vancouver, BC V7Y 1B3

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.