Miriam Pinkesz  |  May 8, 2020

Category: Auto News

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Nissan Canada CVT transmission class action lawsuit filed in Quebec

Hundreds of Nissan car owners are struggling with transmission problems, an issue that Nissan Canada has been sued for in the past. This time around, however, Nissan refuses to extend its warranty on all affected models.

The class action lawsuit, initiated by the Automobile Protection Association (APA) and Lilianne Rocha, is pending authorization before the Superior Court of Québec.

In June 2013, Lilianne Rocha purchased a new Nissan Sentra. After the purchase, like many other affected Nissan car owners, she discovered that the vehicle had a serious transmission defect. The class action proposal alleges that the design and manufacturing defect was hidden, and therefore the plaintiff unduly paid full price on a defective vehicle.

The defect at issue concerns the vehicle’s continuously variable transmission (CVT), which deteriorates prematurely in affected Nissan vehicles. The CVT feature was initially intended to increase the performance of vehicles by enabling a smoother gear shift capability. However, common issues related to the CVT defect include loss of power, transmission jerking, transmission slipping, CVT coolant hose leaks and failures, among others.

The Nissan CVT class action proposal includes “any individual, private legal person, corporation or association” in Quebec that owns or leases a 2010-2016 Nissan vehicle equipped with a CVT transmission. The following Nissan models are covered by the class action:

  • Altima
  • Cube
  • Juke
  • Kicks
  • Quest
  • Maxima
  • Murano
  • Pathfinder
  • Rogue
  • Sentra
  • Versa
  • Versa Note
  • NV 200 from 2010 to 2016

Among the affected Nissan models, the 2013 and 2014 Sentra is the most problematic.

The APA and Lilianne Rocha are asking Nissan to extend its warranty on the automobiles in question to 10 years/200,000 km. Nissan’s current warranty is 5 years/100,000 km. The plaintiffs additionally demand that the car manufacturer should reimburse Class Members for the costs incurred and damages suffered as a result of the manufacturing defect. Aside from warranty extensions and compensation, the plaintiffs are seeking $300 per Class Member in punitive damages.

Nissan CVT Transmission Failures: A Recurring Problem

Nissan car breaking down due to CVT failureThe Nissan CVT class action lawsuit proposal highlights that the CVT problems are not new. According to the plaintiffs’ lawyer, Fredy Adams, Nissan Canada had agreed to extend its warranty on CVTs in 2010 and undertook to reimburse customers for reparation expenses. This warranty covered 2003-2010 Nissan models. However, Fredy Adams notes that, “the defendant shows inexcusable contempt for its Quebec customers” for not doing the same in this case.

Furthermore, the class action proposal notes that the same CVT transmission issues had been taken up in U.S. courts, and that Nissan Canada was therefore aware of this problem, yet did not take action. “(T)here is a clear, serious and precise presumption that Nissan was aware since its American division was being sued from all sides on this issue,” according to the Nissan CVT class action lawsuit proposal.

Indeed, a 2019 U.S. class action settlement with Nissan secured reimbursements for Class Members, as well as a $1,000 voucher and an extended warranty. Like the Quebec Nissan consumer complaints, the U.S. Nissan Altima CVT class action lawsuit listed numerous defects, including, premature transmission failure, unexpected power surges, shuddering, and noises.

Recent Models also Problematic

To date, the APA has received over 250 complaints from Nissan vehicle owners, and the numbers have increased since in the class action lawsuit proposal was filed on March 27.

“In recent weeks, we have also received complaints from owners of 2017-2019 models, years not yet included in the class action. This suggests that Nissan has not yet resolved the defects in its transmissions,”  said George Iny, director of the APA. The APA notes that as of yet, none of the transmissions in the newer models have failed, but if they do, the APA will ensure that they will be added to the class action.

The Nissan CVT class action only includes Quebec owners and lessees of the listed Nissan vehicles. Importantly, no registration is required, and all eligible consumers will be automatically included if the Canadian class action lawsuit is authorized.

Are you a Quebec Nissan car owner or lessee experiencing CVT problems? Tell us your story in the comment section below!

The plaintiffs are represented by Adams Avocat Inc.

The Nissan CVT Class Action Lawsuit is Association pour la protection automobile (APA) & Lilliane Rocha v. Nissan Canada Inc., Case No. 500-06-001053-202, in the Superior Court of Québec, Canada.

202 thoughts onQuebec Consumers File CVT Class Action Lawsuit Against Nissan Canada

  1. Seraphin says:

    I have a Nissan Sentra 2013. I took it to a Nissan dealer for airbag and cvt reprogramming as the email as requested by Nissan Canada. Now airbag always on and the car is acting up really dangerous if you ask me. I’m a female and cannot afford to have a care with these issues that are totally a fraud where Nissan clearly tried to cut cost and cheated its customers. When i took the car to nissan Dealer close by they did not find any transmission issues I therefore got a picture of the transmission error code P17F0 from after my visit to Nissan at another garage. Well Nissan has some explaining to do. Was my car ruined after the cvt reprogramming since I have the report and the dates from each garage.

  2. Fay Yelle says:

    Why only Quebec ?
    I live in Ontario and my Nissan Sentra (2013) Transmission died, and I had to have a used rebuilt transmission put in. At my cost of over $6,000.
    NEED HELP, who can I contact in Ontario.
    Thank you

    1. Andria Anakons says:

      I am thinking of launching my own class action lawsuit in Ontario as my transmission has failed twice within 6 years on my 2014 Nissan Pathfinder. If you are interested let me know I will be posting on FB as well asking for more people to join.

      Thanks

      1. quang vo says:

        Please let me join in too. Please email me at quangvo15@gmail.com
        Thankyou

      2. Clare Greeson says:

        Hi Andrea,
        Did you decide to launch a class action law suit in Ontario?

    2. Suzy Harder says:

      I would also like to know why only Quebec? I live in Alberta and my Cube was having the listed issues before warranty was done but I was told it was something else. They tried to say that I had not serviced it with them, but all service records are with them! Quoted $4600.00 to fix, mine is sitting in my drive way, worth $0 as of today! I originally bought this car because I thought this was a 300,000 km vehicle! I will never buy from Nissan ever again! Please let me know if anyone is filing a lawsuit in Albert… I would like in. suzyharder@gmail.com. Thanks

  3. evan younan says:

    Sooo only Quebec residents are covered under the class action? Why not the rest of Canada?

    1. Andria Anakons says:

      I am thinking of launching my own class action lawsuit in Ontario as my transmission has failed twice within 6 years on my 2014 Nissan Pathfinder. If you are interested let me know I will be posting on FB as well asking for more people to join.

      Thanks

      1. Mike Kerslake says:

        Has this gained any traction? I have a 2015 Sentra that is RPM-racing at highway speeds and dealership techs refuse to touch transmission without an error code. We JUST went out of warranty at 5 yrs 2 months/92,000Km

  4. Sam Rybak says:

    This is horrible. Any Nissan with a CVT is essentially scrap metal. This is a defective product. This is NOT a warranty issue. Tell your friends or anyone on social media. Nissan should be shut down. Sudden failure will lead to death. Make noise. This is dangerous.

    1. Eddy m says:

      If you own a Nissan 2013 or newer specially Sentra or versa you most probably to have transmission issues soon or later and cost of repair will be more than 5k.
      Take it from mechanic who deals with this cars , I have seen so many.

  5. Jim Chessie says:

    Same issues
    Went to local Nissan dealer and found that my 2013 Sentra might have issues with CVT Transmission. Instead of expecting
    5-6 k to sell car privately dealer offered 1 k just to do me a favour. My wife and I have each bought Nissan’s for 30 years.
    Faithfully had each of our vehicles serviced at dealer.
    Not anymore
    Jim

    1. Andria Anakons says:

      I am thinking of launching my own class action lawsuit in Ontario as my transmission has failed twice within 6 years on my 2014 Nissan Pathfinder. If you are interested let me know I will be posting on FB as well asking for more people to join.

      Thanks

  6. Kevin Linteau says:

    Ive purchased my Nissan 2014 Sentra CVT. Went to the garage twice when it was brand new. The second year they told me they had a update to the transmissions CPU. So i got that done. It didnt really fix anything. in 2019 my car a 150 000km transmission exploded. I have pictures of it completly destroyed. Im a sales rep on the road, did long trips nothing hard for the car. Now its in the dump because Nissan was charging me 3600$ for a transmission + 10 hours at 140$ hours and because it broke down, it broke 4 other parts in the wheels. Total of 7500$ of repairs ! DANGEROUS the towing told me it was. I want Some $ back !

  7. Adam says:

    I would like to fill a law suit against nissan for i have purchased a 2013 nissan sentra and the transmission is acting weird from time to time. When i took it the car to nissan they did not find any issues or did not care to look at the transmission.

  8. Charles says:

    Bought an altima coupe 2010 in november 2019 with only 80 000 km on it and my transmission failed at 82 000 km , went to Nissan , changed it for a “new” one on the waranty , 1 000 km after , the new one is worst than the last one , they don’t want to change it because they think since its new its not breakable again … dummys

  9. Darius says:

    I just purchased a 2015 Nissan rogue a week later I’m driving and I hear a noise and then I start losing power I can shut it off and started right back up and will have power for a very short time what can I do

  10. Cephane Seraphin says:

    “Same problem here, I need to know how to join this class action lawsuit. I have a 2013 Sentra, been trying to fix transmission issues for months. Seems to be so many transmission problems that you can not find a good replacement. I will never own another car with a CVT or will probably never buy Nissan again.”

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