Top Class Actions  |  July 8, 2021

Category: Closed Settlements

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This settlement is closed!

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Hyundai logo on white background - Hyundai Auto Canada - Hyundai settlement

Hyundai Auto Canada and other defendants have agreed to a class action settlement benefiting owners and lessees of certain vehicle models that allegedly contain an engine defect.

The Class includes any individual or entity in Canada who purchased or leased a Class Vehicle.

The Class Vehicles include the following models equipped with genuine 2.0-litre and 2.4-litre Theta II gasoline direct injection engines within OEM specifications:

  • 2011-2019 model-year Hyundai Sonatas
  • 2013-2019 model-year Hyundai Santa Fe Sports
  • 2014, 2015, and 2019 model-year Hyundai Tucsons

Among those excluded from the Class is anyone who purchased a Class Vehicle that had, before the Class Member purchased it, been determined to be a total loss or had a branded title of “Dismantled,” “Junk,” “Salvage,” or “Mechanically Unfit,” as well as anyone who came to an individual settlement with the defendants related to issues leveled in the class action lawsuits.

Class Members may check their VIN here to see if their vehicle is considered a Class Vehicle.

Plaintiffs in several class action lawsuits had alleged the Class Vehicles have a defect that can cause the engine to stall, fail, seize, or catch fire, and that Hyundai Auto Canada had denied some Class Members’ warranty repairs on these vehicles.

The defendants have denied all accusations of wrongdoing, and the Court has not ruled in favor of either party in these cases.

The settlement provides a variety of relief options for Class Members.

  • Warranty extension: Hyundai will extend the Powertrain Warranty to a Lifetime Warranty — except in cases of “Exceptional Neglect” — for individual consumer Class Members who have the Knock Sensor Detection Software (KSDS) update on their Class Vehicle. The dealership will provide a free loaner vehicle or, if a loaner is not available, up to $40 per day for rental car expenses.
  • Reimbursement for past repairs: Full reimbursement (and potentially additional compensation) for qualifying repairs performed before the settlement notice was issued. Additional compensation may be awarded for previously denied warranty repairs and for inconveniences caused by repair delays. A claim form is required.
  • Reimbursement of expenses related to obtaining a qualifying repair: Money spent on car rentals, towing, and similar services will be reimbursed in full if the expense was reasonably related to a qualifying repair and the Class Member files a valid claim form.
  • Compensation for those who sold or traded in Class Vehicle at a loss: If the Class Member’s Class Vehicle experienced a loss event that would have led to a qualifying repair and the Class Member sold or traded in the vehicle without obtaining the recommended repair before the pre-approval notice date, they may receive compensation for any resulting effect on the fair market value of the vehicle. The amount will be based on the sale or trade-in transaction as a whole and the vehicle’s mileage on the date of the loss event. These Class Members may also receive an additional $140 payment. A claim form is required.
  • Compensation for loss of vehicle by engine fire: If the Class Vehicle was deemed a total loss as the result of an engine fire arising from an issue that would have been addressed by a qualifying repair, the Class member may receive compensation for the vehicle’s value, less any amount received for the vehicle’s loss, plus an additional $140. Compensation will be based on the fair market value of the vehicle on the date of the fire, up to a maximum of the amount the Class Member paid to purchase the vehicle. A claim form is required, and Class Members must demonstrate the fire originated from the engine compartment and was unrelated to a collision.
  • Trade-in rebate program: Class Members who have lost faith in their Class Vehicle as the result of an incident that would have led to a qualifying repair and trade in the vehicle toward the purchase of a new Hyundai at an authorized dealer may receive a rebate. A claim form is required, and the following maximum rebates apply:
    • $1,750 for model-year 2011-2014 Class Vehicles
    • $1,000 for model-year 2015 and 2016 Class Vehicles
    • $500 for model-year 2017-2019 Class Vehicles
  • Informational pamphlet: Under the settlement agreement, Hyundai will distribute a pamphlet to Class Members that provides additional guidance on how to maintain Class Vehicles’ engines and reminds Class Members of their available inspections and repairs.

More details on Class Member compensation is available on the FAQ page of the settlement website.

A final approval hearing was held Feb. 23, 2021.

The deadline to file a claim is July 19, 2021.

Who’s Eligible

Any individual or entity in Canada who purchased or leased a Class Vehicle.

The Class Vehicles include the following models equipped with genuine 2.0-litre and 2.4-litre Theta II gasoline direct injection engines within OEM specifications:

  • 2011-2019 model-year Hyundai Sonatas
  • 2013-2019 model-year Hyundai Santa Fe Sports
  • 2014, 2015, and 2019 model-year Hyundai Tucsons

Class Members may check their VIN here to see if their vehicle is considered a Class Vehicle.

Potential Award

Varies.

Proof of Purchase

Proof of payment for the repair must be included with related claims. This means the original or a copy of any document generated at or around the time an expense was incurred for a qualifying repair that identifies the date the repair was performed, the cost, and nature of the repair such that it can be identified as a qualifying repair.

Proof of a  completed trade-in of the Class Vehicle for a replacement Hyundai or Kia vehicle from
a Hyundai or Kia authorized dealer, respectively, must be included with trade-in rebate claims.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

07/19/2021

Case Name

Asselstine, et al. v Hyundai Canada Inc., et al., Court File No. 19-00001302-00OT, and McBain, et al. v. Hyundai Auto Canada Corp., et al., Court File No. 19 00001186 00OT, in the Ontario Superior Court of Justice

Papp, et al. v. Hyundai Motors America Inc., et al., Court File No. QBG 795/19 in the Saskatchewan Court of Queen’s Bench

Killoran, et al. v. Hyundai Auto Canada Corp., et al., Court File No. S-194327 in the British Columbia Supreme Court

Pelletant, et al. v. Hyundai Auto Canada Corp., et al., Court File No. 500-06-0010103-198 in the Superior Court of Québec

Final Hearing

02/23/2021

Claims Administrator

Hyundai Theta II Settlement Notice Administrator
c/o Epiq Class Action Services
P.O. Box 507 STN B
Ottawa, ON K1P 5P6
info@HyundaiCanadaThetaEngineSettlement.com
1-833-683-5860

Class Counsel

Michael Peerless
MCKENZIE LAKE LAWYERS

Jay Strosberg
STROSBERG SASSO SUTTS LLP

K.S. Garcha
GARCHA & COMPANY

Evatt Merchant, Q.C.
Christine Nasraoui
MERCHANT LAW GROUP LLP

Defense Counsel

Cheryl Woodin
BENNETT JONES LLP

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3 thoughts onHyundai Theta II Engine Class Action Settlement

  1. Anthony Fernandes says:

    John, Did you ever get a response to your question? Other question begging answers: What is the actual “Lifetime Warranty”, what if the same problem occurs again after 100,000KM, 200,000KM? Does the customer have to pay again for the diagnostic test which simply reveals that yes, there is a problem, but whose problem?

  2. Anthony Fernandes says:

    Did you ever get a response to your question? Other question begging answers: What is the actual “Lifetime Warranty”, what is the same problem occurs again after 100,000KM, 200,000KM? Does the customer have to pay again for the diagnostic test which simply reveals that yes, there is a a problem, bit whose problem?

  3. John Knox says:

    Well this is ridiculous? No provision was made for owners of these vehicles who have these troubles after this settlement process? None at all? Nobody involved in this thought for one minute that somewhere in this big country — someone was going to have an engine seize AFTER July 21, 2022? Magically they would all perform as expect cause the court ordered it so?

    Where can I find a lawyer to have these lawyers (and the judge honestly who should have stopped and forced a contingency for such a thing. *(Shakes my head)

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.