Dieselgate, The Canadian Edition

Bahamut said:

I saw one suggestion on the Facebook group that every affected TDI owner in Canada should file a claim in small claims court: the cost is about $75 to file, and apparently claims of up to $25,000 can be sought. That sure would be interesting if that worked, and even 10,000 owners did that.

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That would be a good idea if they can't settle with the main court. I never used small claims court, but I was looking into this a few times. Small claims court I believe is provincial level, so there might be different rules in different provinces. SK had lower maximum amount than $25k, but now their website says $30k.

I would still prefer the group settlement, but if nothing happens, it's a good backup plan. I don't think VW would like to send a representative for each case.

One more thing: if you go to small claims court, you have to do it in the province of the sued and not the province of the person who is suing. If you just do it in your own province, you might win the case, but then you would have to hire a lawyer or a collection agency who can collect your money at the other province. I'm not sure how this would work with VW. (I had a similar case once when I bought a house. The seller was hiding that the A/C was broken. We couldn't test it in the middle of the winter. The case didn't go further, because he moved out of province).

Maybe, just maybe, the brand is teflon-coated ...

http://www.thedetroitbureau.com/201...id-profit-despite-diesel-scandal/#more-110788

Volkswagen CA TDI (@VWCanadaTDI)
2016-10-18, 9:39 AM
@TowerviewFaxx It was important to await clarity from the U.S. before CDN discussions began. We hope to share more information soon. (2/2)

The above bot tweet indicates that Canadian discussions began when the US was finalized. So the "progress" the bot has been pumping up to that point is bogus. Court "updates" too.

As far as small claims go, I think you're going to have to demonstrate an actual loss ie sell your car for below anticipated market value. But I'm no lawyer.

In a surprising turn of decent journalism, Jalopnik summed up the complaints and justifications for the details of the settlement. To be honest, if the finalization process drags out any longer, it will confirm my hatred of the Canadian court system for being too slow to act on certain cases, but fast tracking anything that causes heartstrings to pull.

http://jalopnik.com/all-the-complaints-volkswagen-owners-had-about-the-14-1788246020

Meanwhile back in Canada...... um we need to have another look at this situation..... maybe we will commit to a study of the pertinent facts.....
The legal court system needs to extract their wages then we can be reimbursed whatever is left.

GigaFire said:

In a surprising turn of decent journalism, Jalopnik summed up the complaints and justifications for the details of the settlement. To be honest, if the finalization process drags out any longer, it will confirm my hatred of the Canadian court system for being too slow to act on certain cases, but fast tracking anything that causes heartstrings to pull.

http://jalopnik.com/all-the-complaints-volkswagen-owners-had-about-the-14-1788246020

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Interesting article.

I do agree though that some aftermarket extra should be reimbursed. I spent $600 on a skidplate, which prevents any damage to the car. Bought custom interior floor mats, which again protects the car. Also others like vinyl on body, underbody spay, etc... Then more stuff like roof rack, and some other smaller things are not that important.
These could be proved by invoices...

You're dreaming if you think VW will pay for your aftermarket parts.

I am that the VW dealers want to get this behind them. The outside the GTA the smaller dealers sell the largest number of TDIs, their customers are all on hold for new car purchasers. These dealerships are dying on the vine, waiting for their repeat customers to get their payout and possibly buy a new VW. I expect some of these dealers will be suing VW for their losses. If this drags well into 2017 or latter, VW might just as well go home and forget the Canadian market. Maybe, the Canadian government will jus VW pay a big fine and allow us to drive our cars until they die of natural causes. I have 200k on mine and would be willing to go another 150k and get my 50 miles per gallon. Think of all the money I will save on fuel and new car depreciation.

You're also dreaming if you think for one moment that the courts would entertain a small claim against VWOC for a split second.

The people on that Facebook group are on crack.

Regards

radoroc said:

You're dreaming if you think VW will pay for your aftermarket parts.

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I didn't say I thought they would pay it. It was just some brainstorming after reading that article.

Nebelwerfer said:

You're also dreaming if you think for one moment that the courts would entertain a small claim against VWOC for a split second.
The people on that Facebook group are on crack.
Regards

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There better be a little extra in the Christmas stocking from VW for treating us like mushrooms! Everyone else affected knows their destiny.

**** VW! One day I hate my car and the next I love it. I hate VW for putting me through all of the uncertainty whether or not they'll do the right thing. I also can't figure out our court system as they appear impotent to deal with this. Why all the secrecy? VW ****** up and lied about what they sold us....period....end of story. I hope they will give us a nice Christmas present but something tells me otherwise.

^ same boat! Love my car but hate VW as a company. Our values dropped drastically and nobody is trying to by them because nobody knows whats going on.

Maybe someone here can point out the error with my plan, so here it goes: I've been torturing myself looking for a 2006 Jetta Highline to eventually replace my doomed '09 and so far I just can't pull the trigger because I don't know what the fate of my car will be.

So I've decided to drive my existing car until the bitter end. I have to have an e-test done before April 2017 so I'll do that in the coming months which lets me drive for another two years. I have 293K on the clock and add 1,000 kms every week so I'm already screwed on the buyback value. Once I have my e-test done, I will delete the almost plugged DPF and pay for a Malone tune to make the last two years a bit of fun. Since the Americans have two years to accept their offer, I assume we will get the same deal. In two years I will sell back my car to VW for whatever they offer plus hopefully some compensation and bid adieu to VW and look at maybe a Cruze diesel. I should have another 105k on the clock by then and resale value will be crap anyway. I refuse to be held hostage by this fiasco. Screw VW, screw the courts and our puppet government who can't even follow let alone lead.

Thoughts?

I'm thinking much the same way as you except no e-testing here. I'll probably wait for the trial outcome before doing anything, depending on the timeline. Could be relatively fast with class expected to move for summary judgement.

It depends on your financial situation I guess but you're sinking in a few bucks for only a couple of years of use. If your dpf is on it's way out tho I can see it.

Won't the car still pass the e-test with a tune? They just plug in the computer and see if there are any error codes, right?

When we used to have testing here in BC, my car passed, with a tune.

Maybe now with CETA signed the Feds can get serious about "investigating" VW.

Mike 04GolfTDI - you may be correct. Ontario only performs an OBD2 test and as long as there are no more than 2 readiness tests not ready, the car passes. I've read that if the DPF delete is performed before the filter plugs up and throws a code, the chip mod will never change the "ready" status of the pressure differential system. I've never talked to anyone who has actually done it. But unless I still have the car in April 2019 I shouldn't need to worry about it anyway.

Last night I received an Extended Warranty Notice for the Ad-Blu Heater.
The reason for the extended warranty is that should the heater fail, the car might emit greater NOx emissions than allowed. Is this a joke?
What does this say about pending settlements/buy-backs (bye backs?) if they are currently extending warranties for NOx emissions? This makes no sense to me.
In fact, I'm going to re-read the letter tonight. I must have read it wrong.

Steve Ferrous said:

Last night I received an Extended Warranty Notice for the Ad-Blu Heater.
The reason for the extended warranty is that should the heater fail, the car might emit greater NOx emissions than allowed. Is this a joke?
What does this say about pending settlements/buy-backs (bye backs?) if they are currently extending warranties for NOx emissions? This makes no sense to me.
In fact, I'm going to re-read the letter tonight. I must have read it wrong.

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Got the same letter yesterday.

To my Canadian Brothers and Sisters. Have you gone to VW website lately? Have you seen all the diesels for sale!! OMG the ZERO selection!!!..

So yes short term there might me some downward pricing pressure. But to those going long on their mileage and ownership I will wager in the end, you car will be worth a lot more then similar Civics and Corollas with the same age and mileage. Just food for thought as is seems that VW is the Devil to many here.

Meanwhile its clear in my mind VW is clearly not the only only manufacturer who has been cheating globally. Or Locally, ever wonder why they stopped selling the Chevy Cruze DIESEL...

Oh when did Canada become important? You actually think we matter as a country? Last I checked we are some annoying group of people who are NOT American's but are in general more polite and patient. Have you ever tried to order from the USA, they don't ship many things here...

The US market is driving the show, when all is said and done we get our settlement, clearly that is the case and our lawyers are powerless/toothless to change the fact...

I apologize for coming across as a debby downer for the last 102 pages.

I believe we will get buyouts because we can opt out of the class if the settlement is unsatisfactory and pursue recompense on our own dime. This alone will hold VW's feet to the fire. Not looking for a windfall, just the mirror.

Driving more, worrying less. (Plus my lawyer drives a TDI.)

ProPAL said:

To my Canadian Brothers and Sisters. Have you gone to VW website lately? Have you seen all the diesels for sale!! OMG the ZERO selection!!!..

So yes short term there might me some downward pricing pressure. But to those going long on their mileage and ownership I will wager in the end, you car will be worth a lot more then similar Civics and Corollas with the same age and mileage. Just food for thought as is seems that VW is the Devil to many here.

Meanwhile its clear in my mind VW is clearly not the only only manufacturer who has been cheating globally. Or Locally, ever wonder why they stopped selling the Chevy Cruze DIESEL...

Oh when did Canada become important? You actually think we matter as a country? Last I checked we are some annoying group of people who are NOT American's but are in general more polite and patient. Have you ever tried to order from the USA, they don't ship many things here...

The US market is driving the show, when all is said and done we get our settlement, clearly that is the case and our lawyers are powerless/toothless to change the fact...

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The stigma attached to these cars will not make them in demand as you say. Also, add to the fact that parts will become in short supply because of the fact that VW is getting out of the diesel game.

^ there will be parts from about 400,000+ cars available...

ProPAL said:

Or Locally, ever wonder why they stopped selling the Chevy Cruze DIESEL...

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You realize that the new Cruze will be available with a new diesel engine, right? And the same diesel engine will be available in the Equinox - a highly popular CUV body style that VW missed out entirely on.

The old Cruze diesel was discontinued (A) because there wasn't much demand, (B) it was in a bodyshell that was near the end of its production life anyhow. The new D2XX Cruze did not have the new diesel engine available at launch because GM had enough on their plate getting the higher-sales-volume (gas engine) versions out there.

And the discontinuation of the old Cruze diesel happened BEFORE dieselgate became public knowledge, and the new (D2XX) Cruze was very far along the way to start of production (without a diesel engine available at launch) by the time dieselgate became public.

Tooling and fixtures for D2UC (Equinox) is one of the things keeping us busy lately ...

Cruze diesel "hatch" is very appealing at this point.

A Yugo is appealing at this point.

tobianogreg said:

As far as Canada goes, I don't think VWC cares much about any fixes because they feel there's no legal responsibility to actually fix anything.

I'm expecting our court to eventually award owners the (now) 19% devaluation. I'm not planning on anything more.

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The cars were illegal to sell. There is absolutely a responsibility to fix them. There are way more ways to go after them than just the fact it was outside of the emissions range. There's anti-competition, advertising fraud, and more that is rolled into this.

Steve Ferrous said:

Last night I received an Extended Warranty Notice for the Ad-Blu Heater.
The reason for the extended warranty is that should the heater fail, the car might emit greater NOx emissions than allowed. Is this a joke?
What does this say about pending settlements/buy-backs (bye backs?) if they are currently extending warranties for NOx emissions? This makes no sense to me.
In fact, I'm going to re-read the letter tonight. I must have read it wrong.

Click to expand...

Has nothing to do with the settlement at all. It's the same letter that the US folks got.

ecode said:

The cars were illegal to sell. There is absolutely a responsibility to fix them. There are way more ways to go after them than just the fact it was outside of the emissions range. There's anti-competition, advertising fraud, and more that is rolled into this.

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Hmm ... I am not sure lawyers see it the same way. Suggest that anti-competition bureau which normally does nothing would go after them ... when did you last time hear they have done anything??

ecode said:

Has nothing to do with the settlement at all. It's the same letter that the US folks got.

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I don't think he suggested that it does ... it just shows that without Ad-blue functioning properly the car will not be compliant. Hardly a surprise to anyone.