Canadians that imported US TDI's??

Reactorface

Well-known member
Joined
Mar 1, 2015
Location
Ontario, Canada
TDI
2015 Audi Q5 Technik
potential good news from Quebec hearing

this was copied from the Dieselgate, The Canadian Edition thread


So this summary from someone on the Facebook group of what happened in court in Quebec just came in (its a long post): take from it what you will.

Quebec (Montreal) Court Observations:
- Court location was moved three times, court security was tight, full body scan
- Began at 10 a.m., instead of its usual 9:30. Court was carried out in French, translators and interpreters were not made available by the court. Judge didn't seem to care if you couldn't understand French initially.
- Plaintiff counsel began, class member plaintiff wasn't there, Sabrina Lombardi was present in court.
- Plaintiff counsel spoke for nearly 2 1/2 hours, first break mid-way through
- Plaintiff counsel revealed the night previous, he received a 'miraculous' email that somehow after all this time since the US settlement, that the US VINs registered in Canada between September 2015 and April 2017 would be considered as part of this settlement. Probably seeing as there were numerous objections filed that called into questions VIN ownership from the US or Canadian vehicles in the US.
- Plaintiff counsel rejected Bosch settlement that happened in the US
- Plaintiff counsel indicated Very Clean, Clean, Average, Rough and Very Rough categories to explain the CBB valuations. The judge was confused, required clarification, as that was based on US methodology, everyone here knows they have Wholesale - Low, Wholesale High, Retail and MSRP.
- Valuations expert wasn't present in court
- Basically the Plaintiff counsel tried to fight every objection to have this settlement approved on behalf of the defence counsel. There were numerous other objections, all paper based, that they submitted, but did nothing to fight on behalf of the absent class members. He even introduced case law on behalf of breast implant class members who previously were awarded monies, the fact that they got something for their troubles, was better than nothing type of argument (weak).
- Broke for lunch at 12:30, for an hour and a half, because defence counsel couldn't have presented their case in the allotted time.
- Resumed at 2:00, defence counsel spoke for 13 minutes, because his job was already done for him by the Plaintiff's counsel, to argue in favor of approving the settlement. The Toronto lawyer next week was seated with the defence counsel, although she didn't speak in front of the judge. She did complain that lunch was an hour and a half, because in Toronto, it's different. The Plaintiff's counsel corrected her, when they indicated that Montreal normally starts at 9:30, where Toronto usually starts at 10:00 for class motions.
- First objections were heard, Filipe Brault (sp) is the one primarily responsible for getting all the US VINs entered into record, good on him, I asked if he was apart of this facebook group, he is not. Good guy though. He was interviewed by the Montreal Journal reporter outside during the break.
- A few more objections were read, Plaintiff counsel had the opportunity to respond, then defence counsel. Again in collusion of one another.
- So the CBB faulty vehicle estimator was never apart of the initial agreement, it was done simply as convenience for the class members.
- The FAQs released 9 days prior to the objection/opt out deadline was more than sufficient time, and the original long notice was the only FAQs that we were entitled to.
- The difference between Western and Eastern Canada varies because of the salt that is used more in the East, as compared to beautiful BC and Alberta where they don't use salt and harsh conditions. Although Plaintiff's counsel did not respond to NWT and Nunavut being apart of the equation/valuation.
- 2015 owners should not fear in having their vehicles recalled up until April 28 because even if they have the first stage of the fix, they would be eligible for the buyback (I'd be more than happy for a 2015 owner to clarify this statement made by counsel, as to their own interpretation)
- Counsel then conferred, another break, they got together again, worked out the terms of the new verbiage that is now apart of the revised settlement to include all those Canadian members who had their US vehicle registered in their Canadian province between September 2015 and I believe June 2017.
- Plaintiff's counsel thanked everyone who appeared, submitted their objection and gave a nice speech of how they appeared on behalf of the class, fighting for the class and the best interest of all the class to receive some wholesale monetary award, that compiled with the damages payment, is 100% above and beyond the retail value of every vehicle as of September 2015.

***Update**** If you have an objection, try to appear in person, or at least have someone designated appointed on your behalf to argue on March 31st in front of the Toronto Judge. It goes a lot further, clearly the Plaintiff's counsel will not argue on your behalf, they actually tried to dispel all of the objections, even indicating that the low number of objections does not constitute this being rejected at all. They were then handed to the Judge, they were not read in court, she then left court at 4:30. No settlement was reached as indicated, and there is an update that Defence Counsel must provide to her within a week's time.
 

Falccros

Member
Joined
Feb 9, 2017
Location
London, Ontario, Canada
TDI
US VIN 2011 sportwagon tdi
Thank you reactor force

Indeed your posting of the Que happenings was very enlightening and it sounds quite hopeful that we US VIN owners will be included. Thank you Reactorface!

I did not quite follow the part where you suggested those objecting be present, although the objections were only addressed not read, and that the US VIN inclusion had been stated earlier in the morning, so I don't understand when you said counsel (the class actions lawyers) did not advocate for us. Can you explain please then who was able to speak to the judge on this point?

Was the source of the email "he received a 'miraculous' email that somehow after all this time since the US settlement, that the US VINs registered in Canada between September 2015 and April 2017 would be considered as part of this settlement." stated - As the courts could not change the settlement I assume that this refers to VW Canada having made that statement?

As there was no decision rendered, but a one week time was given for another report to be created, the court is reconvening in one week's time?
 

Reactorface

Well-known member
Joined
Mar 1, 2015
Location
Ontario, Canada
TDI
2015 Audi Q5 Technik
purely speculative

sorry for any confusion but as i stated this was not an original post by me i only read it on another thread and thought it was relevant to our situation here so i copied it and posted it here i have no further knowledge of the proceedings as they unfolded in Quebec. any attempt by me to explain would be purely speculative.
 

Falccros

Member
Joined
Feb 9, 2017
Location
London, Ontario, Canada
TDI
US VIN 2011 sportwagon tdi
sorry missed that yours was a re-post;

My bad - I had not noticed that you had stated it was a re-post -- but thank you , nonetheless, as it was most useful info!
I tried to find a copy of the Quebec court date's outcomes, or a summary; but, found no other source. Anyone know where those records could be found?
 

pikawel

Veteran Member
Joined
Aug 19, 2003
Location
Phoenix, AZ
TDI
2013 Golf TDI
Plaintiff counsel revealed the night previous, he received a 'miraculous' email that somehow after all this time since the US settlement, that the US VINs registered in Canada between September 2015 and April 2017 would be considered as part of this settlement. Probably seeing as there were numerous objections filed that called into questions VIN ownership from the US or Canadian vehicles in the US.

Is that to say if a car was registered during 9/15 and 4/17 at any point it qualifies for the US buyback? My car was exported to Canada to 11/13 and imported back in the last few weeks.
 

uchu

Veteran Member
Joined
Jul 29, 2015
Location
Markham ON
TDI
2012 Passat Highline - in VW's possession
My bad - I had not noticed that you had stated it was a re-post -- but thank you , nonetheless, as it was most useful info!
I tried to find a copy of the Quebec court date's outcomes, or a summary; but, found no other source. Anyone know where those records could be found?
I don't think you can't find them anywhere, except from personal accounts from people who were there on the 22nd. Same thing for the upcoming hearing on Friday.

I'm pretty sure we won't hear anything official about the whole thing until all the legal proceedings are done and done.
 

Reactorface

Well-known member
Joined
Mar 1, 2015
Location
Ontario, Canada
TDI
2015 Audi Q5 Technik
some good news for some of us

this snippet was copied from the Dieselgate, The Canadian Edition thread


So this summary from someone on the Facebook group of what happened in court in Ontario just came in (its a long post): take from it what you will.


- USA Excluded – Revised Certification Record – Defence Counsel indicate that Canadian VIN Registration that are now in the USA will be included under the terms and conditions of the Canadian Settlement, USA VIN Registration that are now in Canada will be included under the terms and conditions of the USA Settlement (All of this is still subject to approval in the South), it couldn’t be widely shared until the next few weeks according to counsel.




 

pikawel

Veteran Member
Joined
Aug 19, 2003
Location
Phoenix, AZ
TDI
2013 Golf TDI
Update on my car: it was approved in record time.

Recap: US car gets 8k miles out on it, goes to Canada, is reimported with 56k miles and flies through the buyback process.
 

Airbus320

Well-known member
Joined
Sep 10, 2012
Location
Burlington, On, Canada
TDI
2010 Jetta TDI
I got the denied response from the US back in late Jan but it looks as though I will have to elevate my claim and see what happens.


Sent from my iPhone using Tapatalk
 

Falccros

Member
Joined
Feb 9, 2017
Location
London, Ontario, Canada
TDI
US VIN 2011 sportwagon tdi
Long but ending processing

I too had a US VIN jetta tdi wagon - bought and registered by me (Canadian) in Canada. I started the process of claim in January of 2017, then courts stepped in and I formally faxed the 48 page claim to VW Claims Group Auburn Michigan in April 2016. 28 phone calls later, three more faxes (some with multiple resends needed), lawyer office notarization, etc I had my appt. March 08 2018 at my local VW dealerhsip in London ON and returned the freakin scandal wagon. 1hr at the dealership to take pictures, fill out more forms, and hand over the keys. The cheque is now supposed to be in the mail. Just waiting to get it!
So YES the US group handles US VIN vehicles (court ordered too) even if bought in Canada, and the car can be returned to your local dealership - just buckle in b/c it is a long and arduous process. PAPER CLAIMS are the only way they can make it work, and they only accept phone calls and faxes - so nothing can be sent electronically to them!! Furthermore their fax machines are DoDoBirds and stone tablets (think Fred Flinstone era): make sure that you send everything highest resolution possible. Items like your ID or the lawyer's notorized seal or signatures: 1) send normal scan 2) send a 150% increased size copy of the parts with this information or they will say the fax is not legible enough!!
Good luck
Feel free to post questions - I'll answer if I can. or email falccros@gmail.com
Cheers
Derek
 
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