Frequently Asked Questions

A class action is a lawsuit filed by one or more person called a representative plaintiff(s), on behalf of other people who have similar claims. The people together form a class and are referred to as "class members". The companies they sued are called the Defendants. The court(s) resolves legal issues common to everyone in the class.

A class action lawsuit was commenced in British Columbia (the “Action”) against Navistar Canada ULC, Navistar, Inc., Navistar International Corporation, and Harbour International Trucks Ltd. (the “Defendants”) on behalf of all persons in Canada (excluding Québec) who owned or leased a 2011-2014 model year Navistar vehicle equipped with a MaxxForce 11-, 13-, or 15-litre engine (the “Class Vehicles”). The Action claims that the Defendants sold or leased Class Vehicles equipped with a defective EGR emissions system. The Defendants deny these allegations but have agreed to a settlement with the Plaintiffs (the “Settlement”).

The Court decided that everyone who meets the following definition is a Class Member:

All natural persons or entities resident in Canada, but not resident in Québec, who on or before February 24, 2022, purchased or leased for more than 30 days, one or more Class Vehicle(s) (view FAQ 4).

Also excluded from the class are:

(1) all Persons that have litigated claims involving Class Vehicles’ allegedly defective EGR emissions system against one or more Defendants to final, nonappealable judgment (with respect to those vehicles only);

(2) all Persons who, via a settlement or otherwise, delivered to one or more Defendants releases of their claims involving Class Vehicles’ allegedly defective EGR emissions system (with respect to those vehicles only) including, for greater certainty, through a settlement of 4037308 Canada Inc. v. Navistar Canada Inc., Superior Court of Québec File No. 500-06-000720140, District of Montréal;

(3) the Defendants’ employees, officers, directors, agents, and representatives, and their family members;

(4) any Authorized Navistar Dealer of new or used vehicles;

(5) any Person that purchased a Class Vehicle solely for the purposes of resale or to finance a sale or leasing agreement (with respect to those vehicles only);

(6) Idealease and Navistar Leasing Co.; and

(7) any person or entity that was a lessee of a Class Vehicle for 30 days or less.

If you excluded yourself (opted out), you are no longer in the Class even if you meet the Class Member definition.

“Class Vehicle(s)” means all Navistar vehicles equipped with MaxxForce 11-, 13-, or 15-litre engines certified to comply with the 2010 EPA standards, without the use of selective catalytic reduction technology. The Class Vehicles are 2011-2014 model year vehicles. This includes the following Navistar truck brands: “PAYSTAR”, “WORKSTAR”, “TRANSTAR”, “9900i”, “LONESTAR”, and “PROSTAR”.

You can review the short-form notice here and long-form notice here which are abbreviated versions of the Settlement Agreement (found here). Class Members are also encouraged to review the complete Settlement Agreement.

A settlement is when a defendant agrees to pay money to the members of the class action in exchange for having the case against it dismissed.

In this case, a Settlement has been reached with the Defendants in which CAD $13,775,000 cash (the “Cash Amount”), and CAD $725,000 towards rebates (the “Rebate Amount”), to a collective total of CAD $14,500,000 were be paid for the benefit of Class Members (the “Settlement”).

In exchange for the Settlement, the Defendants were provided with a full and final release of claims made against them in relation to the facts and issues alleged or which could have been alleged in the Action. The Settlement is not an admission by the Defendants of liability, fault, wrongdoing, or damages but is a compromise of the disputed claims. The Settlement represents a final resolution of all issues contained in the Action.

The Court did not decide in favor of the representative plaintiff or the Defendants. Instead, both sides agreed to resolve the litigation with a settlement. That way, they avoid the risk and cost of a trial, and the people and entities affected will get compensation. The representative plaintiff and Class Counsel believe the Settlement confers substantial benefits on the Class Members and have determined that it is in their best interest, because it represents a fair and reasonable resolution of the Action.

The Defendants deny the claims in the Action. This means that they deny all allegations of liability, fault, wrongdoing, or damages to the representative plaintiff and Class Members and deny that they acted improperly or wrongfully in any way. The Defendants nevertheless recognize the expense and time that would be required to defend the Action through trial and have taken this into account in agreeing to this Settlement.

The Settlement has been approved by the Supreme Court of British Columbia and resolves all outstanding class litigation against the Defendants on a national basis including similar cases previously brought by lawyers in Ontario, Alberta and Manitoba.

A Claim Form is a document on which eligible Class Members are asked to provide information regarding their Class Vehicle(s).

Only Class Members who submitted a Claim Form will be considered to receive compensation from the Settlement.

The deadline to submit a completed Claim Form was August 19, 2024. Claims submitted after the deadline are considered late and remain subject to Court approval. It is no longer possible to submit a late claim.

Eligible Class Members must have filed a Claim Form, along with supporting documents, in order to provide information regarding their Class Vehicle(s). This information allows the Court-appointed Claims Administrator to calculate what portion of the Settlement funds each Class Member is entitled to.

All Class Members who wish to make a claim for compensation under the Settlement must have submitted a completed Claim Form and supporting information to the Claims Administrator on or before August 19, 2024. Claims submitted after the August 19, 2024 deadline are considered late and remain subject to Court approval. It is no longer possible to file a late claim.

If a Class Member did not file a completed Claim Form, they will not receive any Settlement funds.

The deadline to submit a completed Claim Form was August 19, 2024. Claims filed after the August 19, 2024 deadline are considered late and remain subject to Court approval. It is no longer possible to submit a late claim.

Class members who filed a Claim Form were able to choose only one (1) of the following three options for compensation for each Class Vehicle they own(ed) or lease(d) for more than 30 days:

A. Cash Option: The Cash Option provides a payment up to $2,500 per Class Vehicle based on months of ownership or lease up until February 2022. Each demonstrated month of ownership or lease is eligible for the following amounts, subject to certain limitations in section D, below. Click here to receive a preliminary calculation of the “up to” compensation amount you could receive under the Cash Option if you submit a valid claim.

B. Rebate Option: The Rebate Option provides a rebate worth up to $10,000 towards the purchase of a new Navistar Class 8 heavy-duty truck, based on months of ownership or lease of a Class Vehicle up until February 2022. The rebate(s) are deducted from the best negotiated retail purchase price (not including sales tax or delivery fees) and in addition to any other applicable promotion, rebate, or discount then in effect at the time of purchase and for which both the purchase and the purchaser would otherwise qualify. The rebate(s) are not transferable and not stackable, must be used within 18 months of issuance, and no Class Member will be issued more than ten (10) rebates. Each demonstrated month of ownership or lease is eligible for the following rebate amounts, up to $10,000, subject to certain limitations in section D below. Click here to receive a preliminary calculation of the “up to” compensation amount you could receive under the Rebate Option if you submit a valid claim.

C. Individual Prove-Up Option: The Individual Prove-Up Option provides the option to prove up to $15,000 of “Covered Costs” per Class Vehicle. Any Class Member who initially selected the Individual Prove-Up Option may instead switch to the Cash Option at any time prior to the final determination of their award. The amount of potential compensation is dependent on the number of kilometers accumulated on the Class Vehicle(s), qualifying as a “Covered Event”, and meeting the requirement of certain “Covered Costs”. Covered Costs and Covered Events are defined below. Each claim must be supported by reasonable contemporaneous or third-party documentation supporting the occurrence of the Covered Event and the amount of damages suffered as a result.

1.  A Covered Event is:
1. a service event for repair or replacement of a Primary Component; or
2. a service event for repair or replacement of a Secondary Component that occurs within 30 days of a service event for repair or replacement of a Primary Component.

Covered Events do not include service events where the repair or replacement of a Primary Component was provided for by an Authorized Field Change or Misbuild Investigation Notice.

2. Covered Costs means any of the following costs that (1) were actually incurred as a result of a Covered Event, (2) are established by reasonable contemporaneous or third-party documentation, and (3) for which the Class Member has not already been compensated:
   
   

• Actual repair costs, including parts, labour, and towing;
• Rental trucks;
• Lost revenue (from a particular load that the Class Vehicle was transporting at the time of a Covered Event);
• Travel costs (hotel, airfare, meals, etc.);
• Employee wages (limited to five days);
• Permits; and
• Loading/unloading.
• All costs not expressly listed above are excluded, including opportunity costs (e.g., lost opportunity due to allegedly unreliable Class Vehicles) and the cost of replacing employees.
  
  

3. Parts and Labour incurred because of a Covered Event that occurred when the Class Vehicle had between 800,000 kilometers and 1,600,000 kilometers are capped at $7,500.
   
   
4. Parts and Labour incurred because of a Covered Event that occurred when the Class Vehicle had 1,600,001 kilometers or more are not compensated.
   
   
5. To qualify for the Prove-Up Option, Class Members must certify that the oil and filters were regularly changed on the Class Vehicle(s) within the timeframes recommended by Navistar.
   
   

D. Limitations:

1. The amounts received by Settlement Class Members under any option may be reduced, or increased, pro rata based on the number of claims made by Class Members. Some limitations apply, particularly if one Class Member leased a truck to another Class Member.
   
   
1. If you leased a Class Vehicle from any party other than Navistar for more than 30 days, both the lessor (owner) and lessee of the Class Vehicle are Class Members and are each eligible for half of the Cash Option or Rebate Option for the time period of the lease. Each lessor and lessee may instead independently elect the full Individual Prove-Up option. Sufficient Proof of Ownership or Lease is required.

The deadline to submit a claim was August 19, 2024. Claims submitted after the deadline are considered late and remain subject to Court approval. It is no longer possible to submit a late claim.

You do not need your own lawyer to file a claim

The deadline to submit a claim was August 19, 2024. Claims submitted after the deadline are considered late and remain subject to Court approval. It is no longer possible to submit a late claim.

The claims period ran for a period of six (6) months between February 20, 2024 to August 19, 2024.

Claims made after the deadline of August 19, 2024 are considered late and remain subject to Court approval. It is no longer possible to submit a late claim.

You will not receive compensation.

The Settlement requires the payment of CAD $13,775,000 cash (the “Cash Amount”), and CAD $725,000 towards rebates (the “Rebate Amount”), to a collective total of CAD $14,500,000 for the benefit of the Class (the “Settlement Amount”).

The Cash Amount, minus Court-approved Class Counsel fees, disbursements, administration costs and applicable taxes, will be distributed to Class Members with approved claims who elected the Cash and/or Prove Up Option pursuant to the Court approved Settlement Agreement (see FAQ 12).

The Rebate Amount is available to Class Members with approved claims who elected the Rebate Option (see FAQ 12).

The Claims Administrator has completed their review of all the claims submitted on or before August 19, 2024, and the deficiency period has begun. Deficiency letters were sent out via e-mail or regular mail to individuals whose claims are missing essential information or documents. If you received a deficiency letter and are unsure what you need to do, see FAQ#25.

Once the deficiency period is over, the Claims Administrator will review the additional information and documents provided and finalize claim decisions. Class Members will then be sent a decision letter, by e-mail or mail, explaining their claims decision as soon as possible. However, accurate processing takes time and we thank claimants in advance for their patience. Please continue to check back this settlement website for updates

If you do not wish to participate in the Settlement and had not previously opted out, you were not required to submit a claim, but you can no longer exclude yourself from the Class. The Settlement is binding on you.

No. Unless you excluded yourself (opted out), you are bound by the result of the Action. The Court’s Order approving the Settlement releases any legal claims by Class Members’ against the Defendants relating to the claims alleged in the lawsuit.

Class Counsel is Farris ^LLP, Foreman & Company and Rochon Genova. Class Counsel can be contacted at:

Farris ^LLP

2500 – 700 West Georgia Street

Vancouver, BC V7Y 1B3

Attn: Robert Anderson, KC and Nicholas Hooge

Phone: 604-661-9372

Email: [email protected], [email protected] and [email protected] (English and Punjabi)

Foreman & Company Professional Corporation

4 Covent Market Place

London, ON N6A 1E2

Attn: Jonathan Foreman

Phone: 1-855-814-4575 ext. 107

Email: [email protected]

Rochon Genova

121 Richmond Street W., Suite 900

Toronto, ON M5H 2K1

Attn: Joel Rochon

Phone: 1-800-462-3864

Email: [email protected]

You do not have to pay the lawyers working on this case any money out of pocket.

They agreed to retainer agreements with the representative plaintiffs whereby they would provide the legal services in support of the actions on a contingent fee basis. That means that they agreed to provide all necessary legal services in this complicated and long-running litigation without any guarantee that they would be paid for their work. They also agreed to pay and to carry substantial out of pocket expenses for the case (these are called “disbursements” and they include the cost of specialized expert witnesses, travel and investigative expenses, among other costs). By carrying those costs, Class Counsel avoided the need for the involvement and expense of a third-party litigation funding firm that would otherwise be needed to provide economic support to the case.

Class Counsel agreed that they would be paid for their services and for the expenses they incurred and carried only if the actions were successful. They also agreed that their fees and expenses would be paid from any money recovered in the litigation.

The Court has approved Class Counsel’s request to be paid for their legal fees, which are 30% of the Cash Amount and up to a maximum of 30% of the Rebate Amount, plus reimbursement of disbursements incurred and applicable taxes. The approved Class Counsel fees, disbursements and applicable taxes will be paid out of the Cash Amount.

The short form notice and long form notice summarize the key parts of the Settlement. You can read the entire Settlement Agreement and other important documents here. In the event of any conflict between the terms used in the notices and the Settlement Agreement, the terms in the Settlement Agreement prevail.

Any questions concerning the Settlement that cannot be found in this FAQ page, short form notice, long form notice and/or Settlement Agreement should first be directed to the Claims Administrator.

If, upon reviewing this website and speaking with the Claims Administrator you still have questions concerning the Settlement you can reach out to Class Counsel.

Residents of Québec were eligible for a different settlement from a different case: 4037308 Canada Inc. v. Navistar Canada Inc., Superior Court of Québec File No. 500-06-000720-140, District of Montréal. Any questions on the Québec settlement may be directed to Consumer Law Group, counsel for the Québec class, at Tel: 1-888-909-7863, or email: [email protected].

A deficiency period occurs after the Claims Administrator has reviewed all timely submitted claims for completeness. Any claims found to be missing necessary information and/or documentation to support the claim are deemed to be “deficient”.

During the deficiency period, claimants with deficient claims are contacted by the Claims Administrator to advise them of the deficiency and what steps they need to take “cure” it. Claimants with deficient claims are provided with a deadline in which they need to respond to the deficiency. The Claims Administrator then reviews all of the new information and/or supporting documentation received, following which decision letters are issued.

The time frame for the deficiency period is dependent upon the volume of deficient claims and new information received. Accurate claims processing takes time and we thank claimants in advance for their patience.

If a claim is found to be deficient – meaning it is missing necessary information and/or documents to support the claim, you will have received a letter from the Claims Administrator, by e-mail or regular mail, explaining the deficiencies.

If you received a deficiency letter, please contact the Claims Administrator as soon as possible but no later than the deadline set out in your letter to correct the deficiency and/or to provide the missing or additional information and/or documents necessary to review your claim.

If you do not respond to the Claims Administrator and provide them with the requested information and/or documents by the deadline set out in your letter, it may impact: (i) your eligibility to receive benefits and/or (ii) the amount of money you receive.

The requested information or documents must be sent to the Claims Administrator in one (1) of two (2) ways:

1. E-mail:  [email protected]; or
2. Mail: Navistar Class Action

 c/o RicePoint Administration Inc.
 P.O. Box 3355
 London, ON N6A 4K3