Mercedes-Benz Canada Class Action

Class action description

Petitioner Mr Marcel Nadeau, for himself and for all the members of the Group hereinafter described, blames Mercedes-Benz for having used, in the construction of its M272 V6 and M273 V8 engines, a component affected by a design flaw. In the the Motion for Authorisation of a Class Action, Mr. Nadeau states that: Mercedes-Benz built M272 V6 and M273 V8 engines with a component affected by a design flaw (one of the engine’s timing chain sprockets). This sprocket disintegrates inside the engine. The failure of said sprocket causes engine timing to de-synchronise, which causes the engine to function poorly and to lose power, increases petrol consumption, increases polluting emissions, causes engine overheating and, potentially, engine failure. Defective sprockets’ broken teeth and detached shavings circulate within the engine’s oil and can cause damages to the other components with which they enter into contact. The cost of correcting this design defect outside of conventional warranty is between 3 000 $ and 10 000 $, depending on engine type and the hourly rate of the chosen technician. Petitioner, for himself and for thousands of people he seeks to represent, alleges that the Mercedes-Benz’s engines affected with this design flaw do not respect the legal warranty of quality, and seeks that Mercedes-Benz fully assume the consequences of said defect. Punitive damages are also sought because Mercedes-Benz Canada knew of the defect since at least August 2007, but never disclosed it to its clients and subsequent owners.

Group description

All persons residing in the province of Quebec who own or lease one of the Mercedes-Benz cars ans SUV’s enumerated herewith, equipped with either a V6, M272 engine with a serial number that doesn’t exceed 2729 _ _ 30 468993, or with a V8, M273 engine with a serial number that doesn’t exceed 2739 _ _ 30 088611:

Models / Numeric codes / Years

ML / 164.186 / 2005 – 2007
ML 4Matic / 164.172 / 2005 – 2007
GL / 164.886 / 2006 – 2007
GL 4Matic / 164.871 / 2006 – 2007
SLK / 171.454, 171.456 1 2004 – 2007
C / 203.052, 203.054, 203.056 / 2005 – 2007
C 4Matic / 203.087, 203.092 / 2005 – 2007
CLK / 209.356, 209.372 / 2003 – 2007
CLK Convertible / 209.456, 209.472 / 2003 – 2007
E / 211.056 / 2002 – 2007
E / 211.072 / 2006 – 2007
E 4Matic / 211.087, 211.090 / 2006 – 2007
E Wagon / 211.256 / 2005 – 2007
E Wagon 4Matic / 211.287 / 2005 – 2007
CL / 216.371 / 2006 – 2007
CLS / 219.372 / 2005 – 2007
S / 221.171 / 2006 – 2007
S 4Matic / 221.186 / 2006 – 2007
SL / 230.471 / 2001 – 2007
R / 251.165 / 2005 – 2007
R / 251.156 / 2008 – 2007

AND

All persons residing in the province of Quebec who owned or leased one of the Mercedes-Benz cars and SUV’s enumerated in the preceding paragraph, and who had the engine balancing shaft or the timing chain idler wheel replaced, at their own cost.

If you think you are part of this group, we invite you to submit your information and comments in order for us to generate a directory of members. We are inviting you to visit our website on a regular basis in order to be updated on the current case.

Normand Painchaud
Lawyers assigned to the dossier

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