Canadians File Amended EcoDiesel Emissions Cheating Class Action

The plaintiffs in a Canada EcoDiesel emissions cheating class action lawsuit have amended their complaint lodged in the aftermath of a worldwide scandal over illegal device defeating software.

The lead plaintiffs, Robert Maginnis and Michael Magnaye, allege in the EcoDiesel emissions cheating class action lawsuit that Fiat Chrysler of Canada and Robert Bosch LLC conspired to include defeat devices that could cheat on emissions testing in certain vehicles, including the Dodge Ram 1500 and Jeep Grand Cherokee. The devices were reportedly included in model year 2014-2016 vehicles.

The EcoDiesel emissions cheating class action lawsuit was amended to include car dealerships, alleging that Fiat Chrysler dealerships breached express and applied warranties when it came to vehicles with the defeat device installed.

According to the complaint, Bosch and Fiat Chrysler dealerships each played a part in installing defeat devices and withholding this information from the public.

“These devices render the emission control systems of the Vehicles ineffective and constitute one or more Defeat Devices, which are banned under Canadian and US law,” alleges the EcoDiesel emissions cheating class action lawsuit.

“The Defeat Devices permitted the Vehicles to pass regulatory emissions tests in that the Defeat devices detected laboratory testing conditions and falsely showed the Vehicles’ emissions to be low during testing.”

Not only do the emissions levels of these vehicles go above regulatory maximums, allege the plaintiffs, but the level of noxious gases produced by vehicles with the defeat devices far also exceed regulatory requirements. Despite this, Fiat Chrysler marketed the vehicles as “clean diesel” and “ultra clean.”

“The Defendants knew that these attributes enhanced the value of the Vehicles in the minds of customers,” contends the EcoDiesel emissions cheating class action lawsuit.

According to the plaintiffs, the nature of diesel-burning engines leads to higher emissions of noxious gases, including NOX and other pollutants. In a tightening regulatory environment and in response to consumer demand, car makers began to manufacture so-called “clean” diesel vehicles.

However, lowering emissions has an effect on the performance of the vehicle, states the EcoDiesel emissions cheating class action lawsuit, including on acceleration and fuel efficiency.

In Canada, carmakers must adhere to certain emissions standards provided by law. Many of these standards mirror U.S. law, specifically the prohibition of defeat devices for emissions standard testing.

The plaintiffs say that Bosch, an automotive supplier, ignored this prohibition and began installing defeat devices. Car manufacturers were complicit in this deceit because they allegedly knew defeat device software was installed in the vehicles. The plaintiffs say they withheld this information from consumers, lowering the value of the vehicles they purchased.

The EcoDiesel class action lawsuit seeks to represent a nationwide Class, in Canada, of people who owned or leased a 2014-2016 Jeep Grand Cherokee or Dodge Ram 1500.

Another emissions cheating class action lawsuit was filed in the United States and Fiat Chrysler agreed to pay more than $300 million to settle those allegations.

Did you purchase or lease a vehicle with an emissions cheating device? Tell us more in the comments below!

The plaintiffs are represented by Daniel Bach and M. Eva Markowski of Siskinds LLP and David Sterns, Louis Sokolov, Jean-Marc Leclerc, and Mohsen Seddigh of Sotos LLP.

The EcoDiesel Emissions Cheating Class Action Lawsuit is Maginnis, et al. v. FCA Canada Inc., et al., Case No. CV-17-567691-00CP, in the Ontario Superior Court of Justice, Canada.

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