Canadian Class Action Names Toyota and CTS Corporations – February 1, 2010
A national class action has been commenced on behalf of all Canadian owners, operators, lessors and/or passengers of Toyota vehicles with the ETCS-i throttling system.
The claim seeks compensation for losses and injuries as a result of the purchase or use of numerous Toyota vehicles. The defendants named in the lawsuit are Toyota Motor Sales, U.S.A., Inc., Toyota Motor North America, Inc., Toyota Motor Engineering & Manufacturing North America Inc., Toyota Canada Inc., Toyota Motor Manufacturing Canada Inc. and CTS of Canada Ltd., CTS of Canada Holding Co., CTS of Canada GP Ltd., CTS of Canada Co. and CTS Corporation.
The claim, filed with the Ontario Superior Court of Justice, alleges that Toyota and CTS Corporation knew or ought to have known of inherent design defects in the ETCS-i System and its component parts that have been used in models of Toyota vehicles manufactured since 2001. The consequences of these design defects, including the lack of failsafes used by other auto manufacturers, have resulted in numerous reports throughout North America of uncontrollable unintended accelerations, including cases of collisions involving severe injuries and death to drivers and passengers of these vehicles.
Joel P. Rochon, a partner at ROCHON | GENOVA LLP said: “This is a complex problem spanning several years and many models–we are concerned that the recent announcement of a “fix” appears not to address the ETCS-i Systems itself, nor the issue of a lack of failsafe which would permit the driver to regain control of the vehicle in the event of an unintended acceleration.”
“Having only purchased a brand new vehicle a few weeks ago, I simply cannot believe that Toyota would have sold me this vehicle”, said the proposed representative plaintiff Steven Hamilton. “I can’t even resell my car now.” “I am seeking a full refund.”
The allegations raised in the claim have not yet been proven in court. The plaintiff and the proposed class members are represented by the firm of ROCHON | GENOVA LLP.
For more information, please contact:
ROCHON | GENOVA LLP
121 Richmond St. W, Suite 900
Toronto, Ontario M5H 2K1
In addition, the following articles may be of interest:
CNN – Toyota recall: What to do if your car’s on the list
Globe and Mail – Recall Places CTS in Uncomfortable Spotlight
Globe and Mail – Toyota Gas-Pedal Troubles Spread to Ford
Globe and Mail – Small Part, Big Recall
CBC – Toyota Recall Spreads
New York Times – Toyota Halts Sales of 8 Models in U.S. for Pedal Flaw
New York Times – Toyota’s Slow Awakening to a Deadly Problem
New York Times – Rapid Growth Has Its Perils, Toyota Learns
Financial Post – U.S. Congress Probes Toyota Recalls