Info class action

Case settled

Hyundai

 

In September 2002, Mr. Dominic Desbiens an Mr. Michel Tardif served Hyundai Motor America («Hyundai») with a Motion for the Authorization of a Class Action. In their Motion, Mr. Desbiens and Mr. Tardif alleged inter alia that Hyundai falsely represented the horsepower of some of its vehicles distributed in Canada. In April 2004, Justice Luc Lefebvre, j.s.c. authorized the class action and appointed Mr. Desbiens and Mr. Tardif as the class representatives.

As the file was ready for trial, a settlement was reached.  This settlement is common with the Kia file and has been approved by Justice Kirkland Casgrain, j.s.c. in January 2007.  All together, this settlement is valued at more than 7000000 $ and was concluded for the benefit of all consumers who have ever purchased and/or leased a Hyundai vehicle listed below in the Province of Quebec:

1997-1998 Sonata 2.0 Litre, 2002 Santa Fe 2.4 Litre, 2001-2002 Sonata 2.4 Litre, 1996 Accent 1.5 Litre DOHC, 2002 Sonata 2.7 Litre, 2003 Tiburon 2.7 Litre, 1997 Accent 1.5 Litre DOHC, 1997 Elantra 1.8 Litre, 2001-2002 Santa Fe 2.7 Litre, 1999 Accent 1.5 Litre, 2003 Tiburon 2.0 Litre, 2001 XG300 3.0 Litre, 2000 Sonata 2.5 Litre, 2001-2002 Elantra 2.0 Litre, 2001-2002 Accent 1.5 Litre, 2001 Sonata 2.5 Litre, 2002 Accent 1.6 Litre, 2000 Elantra 2.0 Litre, 1997-2001 Tiburon 2.0 Litre, 2000 Accent 1.5 Litre, 1995-1997 Accent 1.5 Litre SOHC, 1993-1994 Scoupe 1.5 Litre Turbo, 1998 Elantra 1.8 Litre, 1997 Tiburon 1.8 Litre, 1995-1996 Sonata 2.0 Litre, 1998 Accent 1.5 Litre, 1993-1995 Scoupe 1.5 Litre and/or 2000 Sonata 2.4 Litre.

The period to file a claim has now expired and class members who filed a claim form with Hyundai will either receive a check for the payment of the indemnity owed to them or a letter advising them of the refusal of their claim by the end of July 2007.

If your claim is refused, or if you believe that the settlement entitles you to a higher indemnity than the one paid to you by Hyundai, you have the right to request the review of the decision.

To do so, you must submit a written request to Class Counsel to consider the matter. After reviewing your written request, Class Counsel will make a preliminary determination as to whether your disagreement is well founded. If Class Counsel determines that your disagreement is well founded, Class Counsel will consult with Hyundai for the purpose of resolving your dispute. If such consultation does not result in your request for compensation being granted, or if Class Counsel is of the opinion that your disagreement is ill founded, you may seek an order from the Court requiring Hyundai to pay to you the compensation you requested.  Class Counsel services will be provided to you at no charge.

In your written request to Class Counsel, you must state why you believe your claim for compensation ought to have been granted. Class Counsel's address is Belleau Lapointe / Trudel & Johnston, Recours collectif Hyundai / Kia, 306, Place d’Youville, Montreal, Quebec, H2Y 2B6.

Your written request to Class Counsel must be postmarked no later than September 17, 2007. If you do not meet that deadline, you will lose your right to dispute Hyundai’s decision regarding your claim.

The law firms of Belleau Lapointe s.e.n.c.r.l. and Trudel & Johnston s.e.n.c. jointly lead this file.

 

Chronology

January 2007

The Superior Court approves the settlement and declares that it is fair and reasonable.

December 2006

An Agreement in principle is reached.

September 2005

The case is inscribed for proof and hearing. The trial will take place from December 4 to 21, 2006.

January 2005

Hyundai files its defence with the Court.

July 2004

A class action is filed with the Superior Court of Quebec against Hyundai.

April 2004

The Superior Court of Quebec authorizes the class action against Hyundai.

September 2002

Filing of Motions for authorization to institute a class action against Hyundai.