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. mira elkayam says:

    We have a 2015 Nissan Altima with 150000 km, right after we got it problems with Valve body which is part of the transmission. Now the whole transmission needs to be replaced.
    Nissan Canada refuses to help us. No good will gesture on their part.
    Class action suit was won in the USA and warranty on CVT was extended to 10 years and 200 000 km. How do I go about joining the class action suit.

    1. Khaled Elmaghrabi says:

      I am in the exact same situation but with a 2015 Sentra. Not sure how to proceed about joining a class action lawsuit

  2. Saverio Reda says:

    Hi I have a 2014 Nissan Rogue with only 73000 KM and my cvt transmission is slipping I brought it in to a Nissan dealer in Montreal,Quebec ( Nissan Gabriel) and they said I need a new transmission and would cost 5500$. I said it didn’t make any sense that a vehicle with so low mileage can have transmission problems. They did not say anything that they were aware that Nissan was having cvt transmission problems . I decided to go higher up and called Nissan Canada to see if I have any recourse, they listened to my story and called me back few days later.They refused my case for them to fix the problem acknowledging that they were aware of cvt problems and that there is a pending class action suit against them. They also acknowledged that their US subsidiary extended the warranty due to their own class action suit against them. The reason they gave me for the refusal is that for a couple of oil changes I brought in my Rogue at a Jiffy Lube and did not get it maintained at a Nissan dealer. For the first five years when warranty was effective I always went to Nissan dealer at regular oil change intervals. This is very wrong of them taking advantage of consumers.
    How do I go about of joining this class action suit against Nissan and I believe that the general public should be made aware through news channels or social media that Nissan is not selling a good product.

    1. angelo t says:

      hello i have a 2013 nissan sentra, and i was told to replace my tranny at 5000$,, i got it used but atm i have 80000 kilometers only and it failed badly 1 year after i got it. if i was aware of the issue i would have never got it, i want to help in this matter but not sure what to do

      1. Samson says:

        We has a 2013 Nissan Sentra and when it was brand new it had a funny sound we took it to Nissan in Edmonton Alberta they said they fixed the problem but it was having that sound this year just finished payments we took it to shop for service and explain all the problems that we were facing and they put it in the shop and said they fixed it and paid over $2000 they said it was okay after few days took it back and told them it still having the funny sound when driving and they said they put it on computer it had transmission problems need over $4000 in repairs after we had paid over $2500 they didn’t say anything until after we made payments . Nissan service is very bad if we knew we wouldn’t go and buy Nissan .

  3. Marie Brazeau says:

    2012 Murano with CVT issues

  4. Katrena says:

    Our 2013 Nissan Rogue transmission failed this week. We had 140,000 km. But it was paid for and we expected it to take us to at least 200Km. We live in the city so drive limited distances. We would love to join a class action law suit in Ontario. We called Nissan Canada who not only refused to fix it (even though it is a known issue), they refused to escalate my call, and they refused to provide me with any information in writing. This is so sad. The voice of the client is everything, and in these tough times, you would think they would care about brand integrity. I am truly shocked by this experience.

  5. Dawn Terry says:

    Have a 2012 Nissan Versa and had to pay to replace the transmission in 2018. Nissan Canada is no help and I would never buy another Nissan again,. Just had to replace the fuel pump and that can only be a Nissan part no aftermarket so another $1000 there after the $5000 for the transmission. Let me know how this is happening

  6. Julius Ahegbebu says:

    I bought a brand new 2017 Nissan sentra and is giving me transmission problems. Nissian canada said they cant covered the cost which will cost me 5,000 dollars for a new cvt transmission.

  7. Sajid says:

    My 2014 Nissan Sentra S cvt transmission went out today. It won’t go forward or backward at 86 000km. I will be contacting Nissan Canada tomorrow, if I don’t hear a positive answer from them. I will be taking them to small claims court after repairing it.

  8. Nicole says:

    I’m not sure why this is only Quebec. I own a 2012 Murano that I bought brand new. While I do drive almost everyday in Feb / Mar of 2019 my transmission began to fail. Turned out to be a pressure solenoid problem. Granted my vehicle was just approaching the 7 year mark, however I had a whopping 57,000 KILOMETRES on it.
    I diligently take my vehicle in for service. I even take it to a dealership for that servicing because it’s close to my work and I am good friends with the service manager. Upon finding out I would require a new transmission I pleaded my case to a Nissan dealer who said he would try and get goodwill on replacing it but was told because I didn’t service with Nissan directly I was refused! They didn’t even request my service records to confirm I had in fact been up to speed on all servicing.
    After getting a discount from the trusted dealership I use (which manufactures CVT’s and therefore has qualified tech’s by the way) I’m still out approximately $4600+
    57,000 KM and 5 payments away from being paid off and THIS is what i had to deal with? Same on Nissan! If this class action extends across Canada (which it should) get in touch.

    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. Usman masud says:

        hi, i own a 2014 altima and have same transmission issues. Please include me as i would want to be a part of this. Thank you

        1. Zee W says:

          Hi
          My sister has Nissan Rogue 2014 her transimition is doing the same thing it has cvt aswell causing problems.

          1. Zee W says:

            How does she become part of the lawsuit in Ontario

        2. Asha says:

          I would happily join the class action law suit. My 2013 Nissan Sentra CVT transmission failed while driving my toddler.

      2. Craig says:

        Nissan Versa Note 2014 owner in Ontario here. I’ll never buy from Nissan again. The CVT failed eleven months after the 5-year warranty expired and I had just over 81,000KM on the odometer. That’s right — it never even made it to 100,000KM.

        I paid over $5000 in repairs and was without that car for over a month during a time when my father was dying. I am also a single income family — my spouse has a disability with almost no income, so this amount of money is a big deal for us. We thought we were buying a reliable car that would last a long time. Nissan, you let us down.

        I commuted less than 20KM/day to the transit station and did regular maintenance.

        When I brought the car in to servicing, the transmission repairman told me “a lot of our business comes from Nissan CVTs”. They also told me they would modify the replacement to keep it from failing a second time, since they said the initial design has known issues. When I asked the technician to show me the problem, they pulled out the part from the box I asked them to put aside and said “you should not see these groove marks here and there should not be metal filings or grit inside the transmission like you see here”. I kept the defective parts (as evidence) that show clearly the wear and tear of my destroyed transmission.

        I’d be interested in being part of a class action suit and I’m debating still whether or not to go to small claims court. I believe the CVT failure while driving can be dangerous, especially if on the highway. I had it stutter twice at low speed (scary!), and it had serious lag/accelleration problems with very high RPM.

        Nissan Canada offered no assistance even after after I told them about how Nissan North America covered repairs and costs in the US for this very problem.

        Shame on you, Nissan Canada. You could have made things right and fixed the faulty/defective transmission. You refused to. How can it be normal for a transmision to start disintegrating at 81,000KM?

      3. Inga says:

        Would happily join class action lawsuit as our 2016 Nissan Rogue has transmission issues as well.

      4. Raul Ruz says:

        I have a 2016 nissan altima with only 50000 km and having problems with the transmission like Shaking and/or stuttering during acceleration also loss of power, transmission jerking, transmission slipping

      5. Raul says:

        how do we start a class Action in Ontario regarding this ctv nissan transmissions?
        does anybody knows?

      6. Dawn Terry says:

        Have a 2012 Nissan Versa and had to pay to replace the transmission in 2018. Nissan Canada is no help and I would never buy another Nissan again,. Just had to replace the fuel pump and that can only be a Nissan part no aftermarket so another $1000 there after the $5000 for the transmission. Let me know how this is happening

      7. B ill Johnston says:

        just had a failure on 2016 rogue 135000km , would love to be in a class action suite against them

      8. Khaled Elmaghrabi says:

        I will gladly join, 2015 Sentra with 150k km and failed transmission. Nissan Canada refused to help at all.

    2. Marinus Verwey says:

      I am starting to find slippage in transmission with this Used and Certified 2016 Rogue I bought in October 2019. I researched and checked the Nissan recalls from Transport Canada lists(None about Transmissions at the time) and CarComplaints(among a few other sites) where I found just a few mentions of transmission problems. I presently have it in Nissan for a Camshaft Position Timing sensor after a registered a warning light on the display was verified with a code P0014. However, the rpms are starting to lower while idling and transmission shifting while driving is becoming more noticeable with a shutter. I have not had a complete transmission break down but I certainly not looking forward to having to pay for a new transmission with labour. I do not see why this case in not a Canada wide legal complaint rather than just Quebec.

  9. Lori Hazlett says:

    We own a 2014 Nissan Versa Note, that has been sitting parked in our driveway for more than a year because the CVT transmission failed at only 93k, while we were travelling down a major busy highway. We are senior owners that take impeccable care of our vehicles. All regular maintenance is done in timely fashion. Having our vehicle become undriveable created quite a financial hardship for us. Nissan was unwilling to fix the vehicle or compensate us in any way. They wanted us to pay them $5700.00 to replace the transmission with another of their same defective known to prematurely fail CVT transmissions. We could not afford that staggering cost to have the vehicle repaired, despite our still owing monies on the vehicle loan. Our only recourse was to park the vehicle and continue making the payments. Forwarded our complaint/concerns to NIssan, Transport Canada and other governmental agencies. No help or response offered from anyone. We live in New Brunswick and I’ve been trying to figure out a way to initiate a class action suit here, but have no idea how to get that started, or how to locate other affected Nissan customers in this province. I know there have to be many in same similar unfortunate circumstance as ours, created by Nissan. Any guidance on that would be greatly appreciated. Nissan needs to be held accountable for their blatant disregard of their customer’s satisfaction and safety. They have knowingly continued to install these faulty CVT transmissions in several of their models for many years without concern or consequence for them. They need to be held responsible and rightfully come good for all the financial harm and other resulting damages they have intentionally caused their thousands of unsuspecting customers. I have tried to make other’s aware via various social media outlets and posts, to do your due diligence research and avoid Nissan and their CVT transmission products at all cost, unless they have money to burn and ultimately they too will find themselves screwed by a giant auto corp knowingly doing bad business, and getting away with it.

  10. Diana Montenegro says:

    I have a Juke SV 2015 leased new. Lease expired May 2020. I purchased it and in June had issues with Transmission. Dealer said it needed to be replaced. Nissan Canada covered for the replacement even after 1.5 months after warranty expired because I had COVID in April. Now they are saying the engine has something wrong. Could be the chain, sensor or valve. 3 trouble codes showing. I have always serviced the car at the Nissan dealer diligently. My car has only 63,000km. I can’t believe this car is so terrible. Now they are suggesting I spend another 2,000$ for extended warranty that will cover for some issues but not all. I’m desperate. Please help! This is in Montreal.

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