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FORD EXPLORER FORD EDGE LINCOLN MKX CARBON MONOXIDE CLASS ACTION

Investigation Counsel P.C. wishes to announce the commencement of a proposed class action against Ford Motor Company. The action alleges that certain model years of the Ford Explorer, Ford Edge, and Lincoln MKX are dangerous and defective as drivers and passengers of these vehicles may be exposed to carbon monoxide and other dangerous gases while the vehicles are in operation. It is alleged that the defect makes driving these vehicles a health hazard which is potentially deadly and, as such, the vehicles are essentially valueless.

All persons who purchased or leased anywhere in Canada at least one of the following Ford models are eligible to participate in the proposed action:

2011 Ford Explorer, 2012 Ford Explorer, 2013 Ford Explorer, 2014 Ford Explorer, 2015 Ford Explorer, 2011 Ford Edge with either a 3.5L or 3.7TIVCT engine, 2012 Ford Edge with either a 3.5L or 3.7 TIVCT engine, 2013 Ford Edge with either a 3.5L or 3.7TIVCT engine, 2011 Lincoln MKX with either a 3.5L or 3.7TIVCT engine, 2012 Lincoln MKX with either a 3.5L or 3.7TIVCT engine, or a 2013 Lincoln MKX with either a 3.5L or 3.7TIVCT engine.

IMPORTANT UPDATE  

Proposed Canadian Settlement:  A Canada-wide Settlement has been reached with Ford on behalf of current and former owners and lessees of 2011-2015 Ford Explorers sold or leased in Canada.   This Settlement was reached following negotiations between Ford and class action lawyers for the owners and lessees.

If the Settlement is approved by the Ontario and Québec Courts, and if you submit a valid claim form and the required supporting documentation, Ford will reimburse you for certain out-of-pocketexpenses incurred for repairs to address exhaust odour in your 2011-2015 Ford Explorer.

Out-of-pocket expenses eligible for reimbursement must have been incurred within the later of (1) 4 years / 85,000 kilometres after your 2011-2015 Ford Explorer was placed in service (whichever comes first) and (2) 60 days after the Settlement becoming effective following court approval. The maximum available reimbursement amounts will be $230 or $655 per repair, depending on the nature of the repair.  Ford will reimburse you for up to two such repairs per Class Vehicle.

The Settlement does not include current and former owners and lessees of 2011-2013 Ford Edge and 2011-2013 Lincoln MKX.  These claims will be discontinued without prejudice to those owners’ and lessees’ rights to commence new proceedings to advance claims in respect of those vehicles. When these claims are discontinued, the applicable limitation periods will no longer be suspended and will resume running.

The Settlement only relates to alleged economic losses suffered by class members and does not release or extinguish any personal injury claims of class members.

A long-form of Notice describing the Settlement can be found here:

In English: :  LONG FORM NOTICE OF SETTLEMENT APPROVAL HEARING  

In French: VERSION COMPLÈTE DE L’AVIS D’AUDITION POUR L’APPROBATION D’UN RÈGLEMENT

The Settlement must be approved by Courts in Ontario and Québec to become effective.

Hearings to consider whether to approve the Settlement will take place in Québec and Ontario on January 19, 2018.

The Courts will also approve amounts for legal fees and expenses to the class action lawyers. Those amounts will be paid separately and will not reduce the Settlement benefits.

To review the Settlement Agreement, please go to:

English 

French

Please note that if you wish to object to the Settlement, you must file your objection by January 8, 2018.  You can find more information on objecting in the long-form Notice.

If the Settlement is approved by the Courts, additional details will be provided regarding when claims can be submitted.

For further information:   Please contact the Ford Explorer Settlement Administrator at 1-855-862-9078.

You may also contact Class Counsel:

 

OWNERS AND LESSEES IN CANADA EXCEPT QUÉBEC:

John Archibald
Investigation Counsel P.C.
350 Bay Street, Suite 300
Toronto ON M5H 2S6
(416) 637-3150
fordexplorersettlement@investigationcounsel.com
QUÉBEC AND FRENCH INQUIRIES:

Samy Elnemr
Siskinds Desmeules
Les Promenades du Vieux-Québec
43, rue Buade, Suite 320
Québec, QC G1R 4A2
(418) 694-2009 siskindsmontreal@siskindsdesmeules.com

 


This Is Not A Claim Form

You are not obligated to fill in this form and, if you choose to do so, you are not retaining Investigation Counsel P.C. to act on your behalf.  Your personal information will not be disclosed to a third party without your consent or unless it is required by law.