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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
Just purchased a 2014 Nissan Vera Note with 104,000M. Drove it prior to purchase and check for CVT transmission codes and no codes and all seemed good. After 1 week noticed that car having issues when driving on the highway at higher speeds and trying to accelerate. Went to Nissan dealer and again no codes so they put in a “trojan” to “look for the transmission issue codes – which they found 1 week later. Now a new transmission is required at $5,000+ – when I asked about the Nissan settlement which extended the warranty to 10years; 120,000km they said no in Quebec – I really hope that this goes through. Now worried about using the car until I can find a way to have it repaired.
I am student and I purchased Nissan Sentra 2013 in 2019 to make my life easier and I manily use from and to School. In December 2022, I can no longer drive the car. The mechanis told me it is a transmission issue and asked for $5000 to replace the transmission. I just dont have this much money and I am stuck now. I just dont know what to do.
I live in Ontario purchased brand new Pathfinder @ 62000Km. transmission oil leak i just paid $5000 to repair as Nissan Canada will not do anything about it. even an extended warranty was authorized in USA.
I have a 2016 nissan rogue, 130000km and it needs a new transmission. Dealership quoted 8500$. Still have 2 years of payment left on it, no choice but to bite the bullet and spend the money. I contacted nissan and they pretty much said too bad. I now hate nissan with a passion.
Class action them all the way to hell!
I bought my 2016 Nissan Sentra S as a commuter car with 28,000 Kilometers. The transmission failed at 90,000 k which was a huge shock. Luckily it was under warranty. 18 months later, the transmission is going out again! I bought extended warranty up to 140,000 kilometers. I am at 133,000 kilometers. I am so angry that I wasted so much money on this car. I will never purchase another Nissan.
Bought my 2014 Nissan Versa note last year secondhand at a dealership at the beginning of 2022. December 2022 at 85,000km the transmission is almost destroyed, and my mechanic said it is a danger to drive. So now I have the most expensive paperweight in the drive way. I can’t afford 7-8k to replace the transmission of a car I bought less than a year ago.
I have an Infiniti QX60 in Surrey, British Columbia which requires a new valve body at a cost of approximately $2500. Infiniti Canada is only willing to cover 35%. These are the same issues that were settled in the class action lawsuit affecting Nissan/Infiniti cvt transmissions in the states where the vehicles warranties were extended and repairs were covered for up to $5000 usd
Hi! I have a 2016 Nissan Sentra with 72 000km and 6 years old, bought it brand new and it keeps staling when i’m driving. I press on the gas and it doesn’t move…after some time it decides to start moving again…its very dangerous…especially when you have cars coming behind you. I have 2 little kids and i’m so worried that 1 day they will be in the car with me and someone might hit me in the back.
I bought brand new nissan sentra in 2016 with a payment plan that will end november 2023 i also bought the extended warranty both warranties now expired my car now 160000 6 yrs
My cvt transmission failed the car stopped all of a sudden and it will only reverse and not drive
Cvt does not recognise D or L i was told is a cvt transmission problem
Please advise me
We bought a month ago, a nissan rogue 2012 , 155k km. Now we have a problem with the transmission. Can’t not use the car we bought with the only money we had. This warranty of 10 years or 200k km excludes Quebec but at the end it is the same situation as other who have been refund in canada or usa. For us, it will be too late and we have no other option. Ill not sell this car with a problem to someone else. Something should be done to help all of this people who had issue and live in Quebec.