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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
The 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
i am in Ontario and we have a 2014 pathfinder that has been having these transmission issues for a few months now and there seems to be no recourse to getting it fixed. how do i become part of the lawsuit?
I’m in Manitoba and have the same issue. Nissan wants $8000 to replace the transmission on my 2014 Pathfinder.
I was quoted for a possible CVT replacement from a Quebec dealer (I live in Ontario), after doing my research I saw that the price would be upward to 8000$ (on top of other things needing repairs) to replace for my 2015 Versa Note. This is money I don’t have to spend
I have a 2019 Nissan quashqi SL
It was bought first owner Nov 28 2018. I purchased in aug of 2019. Already had the air conditioner replaced under warranty. Now I’m having a breaking problem front wheel drive it’s showing morning on my dashboard. Nissan did a diagnostic told me the ABS Actuator needed replace 11 days after warranty. Problems started a few months before realizing there was a actual serious problem. I had called well before warranty was up complaining lights there coming on the dash board. I feel they new and were dishonest, I feel cheated and defeated. Cost to fix at57,000km is $5600.00 plus
I have a Nissan Sentra SR Turbo 2017. With 59k the transmission totally broken and was replaced under warranty. After that, I needed to return the car to the dealer two times to fix a leaking. Now my car has 92k and needed to return to the dealer…. leaking as a faucet opened. My warranty will expire in august/2022 or 100k (for sure). What can I do? Sell the car before explode on my hands again and I wish luck for the new owner. I would like to see a law the Nissan was obligated to buy back the car with issue like that.
I had to change a transmission on my 2013 Sentra , and had to pay over 4000$ , I got an email today from another lawsuit but it excludes Quebec Residents. How do I join the one for Quebec ?
This is ridiculous! Nissan is Nissan in Quebec, Ontario or China!! But Quebec is not Canada, right?!?!? BS
Hello! I bought a 2015 Nissan Juke from a dealer I worked at.. At 104,612 km. power went from 110 km/hr. to zero km./hr. on a highway. Cars backed up on my rear bumper. By chane we swerved off the road to keep from creating a block buster accident.
Thinking the dealership would accept this to be on warranty since I was only over the warranty by 4,612 km., but NO was the answer.
I feel like I was cheated.
More over that I put my trust in Nissan since I worked at the dealership for approx. 2 years.
The garagwe owner stuck in his office and did not come forward to talk it over.
No class.
it cost me $2994.50 for a rebuilt/used tranmission that already had 60,000-80,000 km. of life.
Louise Sanderson
.
Hello! I bought a 2015 Nissan Juke from a dealer I worked at.. At 104,612 km. power went from 110 km/hr. to zero km./hr. on a highway. Cars backed up on my rear bumper. By chane we swerved off the road to keep from creating a block buster accident.
Thinking the dealership would accept this to be on warranty since I was only over the warranty by 4,612 km., but NO was the answer.
it cost me $2994.50 for a rebuilt/used tranmission that already had 60,000-80,000 km. of life.
Louise Sanderson
.
My 2014 Nissan Pathfinder has the same problem. Now dealer asked me to pay over $6000 to replace a new CVT. I would appreciate you if you could let me know how to join the group lawsuit. Thanks.
I am a resident of New Brunswick. I have a Nissan Quest 2012 and the transmission just let go. Estimate for repairs $10,317.00 with less than 200,000 kms.
How do I join the class action?
2014 Infiniti QX 60 HYBRID.
I WAS TOLD BY THE DEALER THAT THE TRANSMISSION NEEDS TO CHANGE . SO I TOLD THEM THAT I WOULD BRING IT TO MY TRANSMISSION PLACE TO REBUILD AFTER REBUILDING IT HAD THE SAME PROBLEM SO TOWED IT BACK TO THE DEALER TO PROGRAM IT BUT STILL TELL ME TRANSMISSION IS NO GOOD THAT THE HYBRID PART TO . NOW TO FIND OUT THAT THEY ONLY SELL THE HOLE THING COMPLETE
SO NOW I HAVE A REBUILT TRANSMISSION THAT IS NO GOOD CAUSE I NEED THE HYBRID PART WHICH ONLY COME S WITH TRANSMISSION WHICH I WAS NEVER TOLD THAT AND WITH THE PROBLEMS WITH THEM I DIDN T WANT ONE FROM THE SRCAP AND HAVE SAME THING SO NOW I HAVE A CAR THAT DOESN T WORK SITTING AT THE DEALER THAT SAID HE CAN T DO ANYTHING . I ASK HIM IF THE CHANGE THE TRANSMISSION COMPLETE AND IT DOESN T WORK THEN WHAT
I have purchased the 2014 nissan pathfinder in sept 2017 with approx. 104,000 so warranty already expired and every time i calles, text or stopped im to dealership they said the shuttering i heard wsdnt heaed or expérienced by them…now ive been off the tosf for almost 3 weeks because of the issues.
Im in Ontario so if anyone knows about a possible an Ontario class action please let me know lindsay.edwards30@hotmail.com