Mercedes-Benz Canada Class Action

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.