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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.
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202 thoughts onQuebec Consumers File CVT Class Action Lawsuit Against Nissan Canada
Nissan rogue 2012 / 99500km I feel a vibration when i accelerate and I feel the transmission slip after driving for awhile in traffic or when i come to an abrupt stop and take off. Montréal Quebec.
In 2013, I bought a brand new Nissan Sentra.
Throughout the years 2013 to 2017, during some maintenance repair appointment at the dealer’s garage, I have told them to check that some was wrong with my transmission when accelerating 0-60km/h. Nothing, came out.
In 2017, exactly 30 days pursuant to my last payment, transmission broke. Had my car towed to the dealer.
After diagnosis I was told that my transmission had to be changed for $4,500. Oh and by the way one of the crew mechanic was offering me $1,000 for my car! After numerous phone call with The dealer’s service I was told that warranty was past ( about 20,000km) this nothin could be done. By the way, the car had only 120,000km.
I sold my car to a friend whose a mechanic and bought a Toyota instead.
I bought a used 2014 Nissan Versa Note last April 2020 with only 31,600km mileage. Now I’m having transmission problem at 44,000km. Car makes a loud noise when slowing down then turns off most of the time when stopping the vehicle. I talked to the Nissan Service Manager at Midway Nissan Whitby and was told that its way passed the 5 year warranty. They said as an act of goodwill, they will only charge me $2900 CAD To fix my car. Any update on the class lawsuit? Any advise?
I purchased a 2013 Sentra from Midway Nissan in Whitby, Ontario in March of 2014. In December 2016 I started noticing my transmission was acting funny. The rpms were revving high, and couldnt hit higher speeds. Also jerking. Got the service manager to test drive it with me in the car. Wouldnt you know, as luck would have it, he detected nothing but said if i notice anything wrong, not to worry as its covered under powertrain warranty. Fast forward to today, at around 172000kms, the problem is starting again. Does anyone know if we are covered in Canada, I thought the warranty for this issue was extended to 10 years/120000miles.??
I will never buy another Nissan I bought a 2014 Altima demo with less than 10,000 kms and by 40,000 I had to have the transmission replaced, now six years later I’m going through the same issue and it’s now out of warranty as of March 2019. It Has been Parked up almost a year but mind you Nissan want their payments promptly every two weeks this is so u fair
2012 Versa Sedan. Transmission replaced in 2018 at 20,000 km. Cost $5,000. Sued in small claims. Nissan says claim has no merit (even though they offered me $1,200 to go away). Will NEVER buy another Nissan.
Nissan Rogue 2015 complete transmission breakdown. Thousands of dollars of repairs.. wtf
We purchased a brand new Rogue in 2013. 126,000 Kilometers later i’m told the CVT transmission is gone and that I should call “Kars for Kids” because the repair is going to cost $5-6K Now that’s BS.
The car looks brand new and is now garbage? I spoke to Nissan Canada and they offered my 10% off the parts only which is $300. Is there a Class action suit in Ontario I can join?
I have a 2018 Rogue with 30000 km bought in 2019 (a SL Platinum demo with 5000km on it) from Nissan Granby with an extended warranty (thank god)… it started to shift real hard when cold and I already head of the CVT transmissions issues…
I recently bought a Nissan Versa Note 2015 with 215,000 km. 2 weeks ago it started to make a whining noise. My regular mechanic checked and said it is the transmission. I went to a transmission shop he referred me to but they won’t do Nissans as they claim they can’t get parts.
Can you advise me how to proceed with this? Going to a Nissan dealer will surely cost me a fortune. I read on line that the cost of replacing the transmission exceeds the value of the car….
nissan won’t sell any parts for transmission however they sell the whole unit for $4K.
GO FIGURE
I have a 2015 Nissan Pathfinder sv with 96000 kilometres. Everytime I do a turn, I feel the juddering. My mechanic that used to work for Nissan said it was a CVT problem. Would love to be part of this lawsuit.
May 2018 I finance a 2014 Nissan Sentra through Canada drive( the approval store) in Sept 2019 my transmission blew. @114,00 and has blown 2 more times since I’ve had it replaced witch cost me 5300 dollars,Nissan won’t reimburse because I didn’t bring it to the dealership and because the approval store never registered the Carr to me through Nissan I’m stuck with this car for 2 more years and my mechanic said I’d be lucky if it last another 6 months thanks Nissan for building a shit car…
Bought in Manitoba, now living in Ontario — 2014 Nissan Rogue CVT is failing hard. My mom’s 2014 Pathfinder had its CVT warranty extended, wondering why for some VINs it is covered and not others. Haven’t finished paying the car off and barely over 100,000KM and it is no longer safe to drive w. regular maintenance.