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. Antoinette Gianfagna says:

    I bought a 2014 Altima Nissan Cvt problems I had to repair my transmission I paid alot of money on the car and then a big expense with the transmission which I repaired last year and I feel like it’s starting again …wasted precious time to make calls for garages , nissan Canada lots of stress and their reply was no action in quebec but a default is a default no matter where u live ….I want them to reimburse my repair plus time stress and fix my car again

  2. Gail says:

    Purchased a Nissan Sentra in 2016!! Having transmission problems now
    This is the worst car ever! Shame on Nissan for selling hard working people this piece of crap! It’s not right that in Quebec we are not part of this recall!! Not acceptable we work hard for our money and for Nissan to take advantage of consumers it’s not ok

  3. Isabelle Sauvé says:

    I bought a Nissan Rogue 2017 in march 2018. It was a demo model so it had minimal mileage. Fast forward in June 2023, my transmission is slipping. Went to dealership only to be told that I no longer have warranty but I’m only at 95 000km. I have been quoted 7000$ to change the transmission. They said they will contact Nissan Canada and they might do something for me…Or not. It is absolutely outrageous knowing that the USA and rest of the Canada customers now have extended warranties. There is also a legal warranty but when it comes to Nissan, everybody is ignoring that rule. Never again will I buy a Nissan and I will make sure all my people know about my situation.

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