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. J Hathazi says:

    2016 Rogue in BC. CVT failed at 137000km. Nissan wanted to replace the whole thing for around $7500 but instead we had it overhauled and repaired. Still cost over $6000. Would be nice to see some of this money back one day… US owners of this vehicle have had success so why not here in Canada?

  2. Mack says:

    My 2014 Nissan Versa Note with 112622 km has serious transmission problems and according to Nissan Gabriel, it needs to be replaced
    What should I do.

  3. Jocelynne says:

    My Nissan Murano 2009 back in 2018 I bought my car then in 2019 my ctv went I got a used one put in then fast forward to now my ctv transmission went again nissan wanted me to pay 10,000 to rebuild my transmission not to give me a new one I bought my car out right 13,000 cash now I have a lemon sitting in my driveway

  4. Jonathan Dionne says:

    I’m from Quebec and owner of a Rogue 2015… already paid 4700$ to rebuild the transmission at 111000km. Now, two years later, the problem is back at 140000km… it will cost another 7700$ to change the transmission for a new one…. just tired of that non-sense! I’d be in for a class action suit!

  5. L Fontaine says:

    We are also waiting for a court decision for my Nissan Rogue 2014 CVT transmition problem that Nissan Canada is aware of and has extended their warranty in the USA and in Canada excluding Quebec , we had to puchase a new vehicle and echange our Nissan at a very low cost.

  6. Rizman says:

    2015 sentra sv lease then buy back in 2019 with Nissan canada total 130 k my cvt blow up i still 5000 to pay to nissan fiance is there any help out there for people like us ???

  7. Angela Quatrini says:

    Quebec residence and waiting for a court decision for my Nissan 77 000 Rogue 2016 CVT transmition problem that Nissan Canada is aware of and has extended their warranty in the USA and in Canada excluding Quebec 🤷‍♀️

  8. Angela Quatrini says:

    I have a 2016 Nissan Rogue with 77000 km and I’ve been told that the CVT transmittion needs to be replaced. Only 10 months after my warranty is over I am experiencing a very costly repair ($8000) . Nissan Canada is well aware that there is problems with their transmittion and it’s non sense that it needs to be changed after 77 000 km. Nissan USA has also had a class action suit that the warranty was extended due to their manufacturing problems. Why is it not extended in Quebec too??? I’ve tried calling Nissan canada to see if they can help me out and all I got was a lousy $100 gas gift card after one and a half hour conversation. They really don’t care about their clients. How disgusting and frustrating it is to spending so much of my hard working money to realized that I would have all these problems with such a reputable company. I hope they find a solution to this quickly cause it’s been already 3 weeks that I cannot drive my 6 year old SUV!!!

  9. Kirsten says:

    owner of 2014 nissan rogue that has had transmission issues since the day i purchased it march 2014. it’s currently sitting at the dealer in need of a new transmission – 210000 km on the engine it’s beyond warranty. I would like to know how to get involved in the quebec resident class action lawsuit against Nissan Canada please.

  10. Catherine says:

    I have a 2017 Nissan Rogue. I had the wheel bearings changed 2 weeks ago. Then last week-end as I am on the highway the vehicle was really slow to accelerate. I stopped and parked for a few hours when I tried to move the car it would not go forward or backwards. we played with it awhile and finally were able to get it moving. I got it home but was afraid to take it anywhere as if I stopped I would have difficulty getting it moving again. Had it towed to Nissan and they told me it needed a new transmission for $8000.00. Its 4 months passed the warranty and has 122,000KM. I called Nissan Canada and they created a case number which I though was hopeful. They then told me I had to contact Nissan Finance to see if they would sell me an extended warranty. I called them and gave them my case file and they said they would transfer me. Well I got transferred back to Nissan Canada.. The guy was very hard to understand and it sounded like I woke him up. He said there was nothing he could do. That I should contact the dealership to see if they would sell me an extended warranty but he said that would be unlikely. The dealership is who told me to contact Nissan!!!! Anyways I got the run around and am now waiting for a senior rep to call me…Am I hopeful. Well there is always a chance!!! LOL

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