December 10, 2021

Mercedes-Benz Settles Canadian Diesel Emissions Class Action

Daimler AG and its Canadian and American Mercedes-Benz subsidiaries have agreed to settle a class proceeding concerning approximately 83,000 "BlueTEC" diesel vehicles in Canada. The proposed settlement provides for cash payments and other benefits to current and former owners and lessees.

The cash value of the settlement is approximately $243 million CAD. The settlement also provides significant value to Class Members in the form of an emissions repair that provides for cleaner emissions that will comply with Canadian emissions standards.

This result was reached between the Defendants and Canadian class counsel, Koskie Minsky LLP and Lenczner Slaght LLP, after almost six years of litigation.

The proposed nationwide settlement is subject to approval by the Ontario Superior Court of Justice. The approval hearing will take place on February 9, 2022.

If approved, the settlement program in Canada will include the following benefits:

Model Year 2009-2016 Mercedes-Benz and Model Year 2010-2016 Mercedes-Benz Sprinters with BlueTEC II emission control systems

  • Cash payments of up to $2,925 to all who receive the emissions repair.
  • Cash payments of up to $835 for all former owners and lessees.
  • Additional cash payments ranging between $330.20 and $660.40 for various reasons including those relating to delays of the emissions repair, requirements to reclassify the emissions standard or reduced vehicle performance.
  • A buyback option in some circumstances

Peter Griffin, Counsel, Lenczner Slaght LLP has said "This result is the culmination of a concerted effort to bring to a conclusion an unfortunate chapter in automotive history in North America".

Kirk Baert, Partner, Koskie Minsky LLP has said "We believe this settlement provides real compensation to class members".