Case name:

BMW Recall Class Action

Quebec Superior Court file #:

500-06-000915-187

What this case was about:

In late 2017, BMW recalled more that 1.4 million cars and SUVs in 2 separate recalls (#2017-470 and #2017-588) due to the dangers and risks associated to fires under the hoods.  BMW recommended that owners and lessees of the BMW models listed below park their BMW vehicles outdoors until repairs are made:

  • BMW 1 Series (2008 to 2012)
  • BMW 3 Series (2006 to 2011)
  • BMW 5 Series (2006 to 2011)
  • BMW X3 (2007 to 2011)
  • BMW X5 (2007 to 2010)
  • BMW Z4 (2006 to 2011).

The Plaintiff alleged that BMW omitted to inform its customers of defects in their BMWs and that BMW was negligent before, during and after the recall. The replacement parts had not been made available by BMW for several months and BMW drivers were forced to park their BMWs outdoors for the entire winter. BMW has agreed to settle this class action without any admission of wrongdoing. If you own or lease one of the above BMWs, you may be entitled to compensation. Please visit the Settlement Website for more information: www.qcpcvregsettlement.ca.

Settlement Class:

All natural or legal persons, except for Excluded Persons, who were resident of the Province of Quebec and who owned or leased a BMW Vehicle subject to Recall Campaign No. 2017-470 or Recall Campaign No. 2019-170, and/or Recall Campaign No. 2017-588 or Recall Campaign No. 2019-384, including certain BMW 1 Series (models 2008 to 2012), BMW 3 Series (models 2006 to 2011), BMW 5 Series (models 2006 to 2011), BMW X3 (models 2007 to 2011), BMW X5 (models 2007 to 2010) and BMW Z4 (models 2006 to 2011), on the date of the applicable Recall Campaign(s).

Terms of the Settlement:

Subject to the approval of the settlement by the Court, the Credits and monetary compensation available to Settlement Class Members will be the following, depending on the sub-class that is applicable to each member’s situation and provided that conditions of eligibility are met.

PCV Blow-by Heater Sub-class:

  • Credit with a cash value of $40.00;
  • An amount of $177.00 representing the replacement costs of the PCV Blow-by Heater and an amount of up to $750.00 covering Out-of-Pocket Expenses (provided the member has suffered an Adverse Thermal Event and had repairs done to his/her/its Vehicle which were not insured or repaired free of charge by BMW or a BMW Retailer);
  • Credit with a cash value of $50.00 (provided the member had access to inside parking but parked his/her/its Vehicle outside as a result of Recall Campaign No. 2017-470 or Recall Campaign No. 2019-170).

Blower Regulator Sub-class

  • Credit with a cash value of $40.00;
  • An amount up to $141.00 representing the replacement costs of the Blower Regulator and an amount of up to $150.00 covering Out-of-Pocket Expenses (provided that the member has suffered an Adverse Thermal Event and had repairs done to his/her/its Vehicle which were not insured or repaired free of charge by BMW or a BMW Retailer).​

WHAT IS AN ADVERSE THERMAL EVENT?

An Adverse Thermal Event means any adverse thermal event, including heat generated by a high resistance in the circuit which may cause melting and the potential ignition of mechanical parts and/or fire, caused by overheating of either the PCV Blow-By Heater, as described in Recall Campaign No. 2017-470 or Recall Campaign No. 2019-170, or the Blower Regulator, as described in Recall Campaign No. 2017-588 or Recall Campaign No. 2019-384, of one of the affected Vehicles, which caused material damage to said Vehicle.

Status:

On February 25, 2021, the Superior Court of Quebec authorized the class action for settlement purposes only and scheduled the semi-virtual settlement approval hearing for June 1, 2021 at 9:30 in room 16.06 of the Montreal Courthouse. You may attend this semi-virtual hearing by clicking on this Microsoft TEAMS link. You may also dial-in:

+1 581-319-2194 Canada, Quebec (paid number)
(833) 450-1741 Canada (toll-free)
Conference ID : 591 630 716#

The date and time of the settlement approval hearing may be subject to adjournment by the Court without further publication notice to the Class Members, other than such notice which will be posted on this website.