Dieselgate, The Canadian Edition

shak911

Veteran Member
Joined
Nov 2, 2010
Location
toronto
TDI
2004 Jetta TDI-372000KM
I hear ya... But at the same time I can't see the lawyers for VW wanting to drag this out as long as they can, I'm sure they want to get paid as well. If there weren't any major hiccups in " la belle Provence " then I can see them try and put this through as expeditiously possible as they can(grammar)?? All we can do is wait.... Just my $.02
I know this is after the fact as by now we know what happened in the Ontario court yesterday, yes the lawyers want it done asap, but the judge does not care about that, he is getting paid on time regardless, he is not about to rush it thru and risk overlooking some fineprint and ending up on Wikipedia as the one who made a mess in his decision.

By the way what happened to the Quebec second hearing....?
 

Armby

Veteran Member
Joined
Nov 30, 2012
Location
Ottawa, Canada
TDI
2013 Golf
If there is a delay of lets say 6 months according to the CBB estimator I would lose about $700 plus add in any other maintenance that I have to do or any unexpected issues.
There is a mechanism in the deal as proposed that allows for average mileage to be put on before your buyback without penalty. Admitted it's not clearly explained in the documents. The CBB estimator only gives you your Value as of the date it was set up. The real calculator should adjust the km allowed over time. Just my understanding.

Actually my biggest complaint about the proposed settlement is that the algorithm to determine buy back value is very vaguely defined. This invites misunderstanding which is very evident from the comments in this forum. Worse it will allow VW to interpreted to their advantage if the language remains as is.




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uchu

Veteran Member
Joined
Jul 29, 2015
Location
Markham ON
TDI
2012 Passat Highline - in VW's possession
The latest update of the vwcanadasettlement website about the hearings reads like this (underline is mine):

Update: Settlement Approval Hearings on March 22nd and 31st
On March 31, the Ontario Superior Court of Justice held an approval hearing for the nationwide 2.0L TDI Settlement Agreement as it applies to Canada outside of Québec. The Court has requested additional information from the parties by April 7, and its decision will then follow.
This hearing followed the March 22nd hearing in Québec and the Québec Court’s written order is also pending.
Both Courts must issue written orders approving the Settlement Agreement before it can take effect. We will provide an update as soon as we have news.
If you wish to make a claim for benefits, you do not need to take any action at this time. If both Courts approve the Settlement Agreement, the period to submit a claim will begin before the end of April.


So no news about what's going on in Quebec (Anyone?) and it seems that they are still hopeful to have this approved and rolled out by the end of the month. Hoping for the best!
 

shak911

Veteran Member
Joined
Nov 2, 2010
Location
toronto
TDI
2004 Jetta TDI-372000KM
The latest update of the vwcanadasettlement website about the hearings reads like this (underline is mine):

Update: Settlement Approval Hearings on March 22nd and 31st
On March 31, the Ontario Superior Court of Justice held an approval hearing for the nationwide 2.0L TDI Settlement Agreement as it applies to Canada outside of Québec. The Court has requested additional information from the parties by April 7, and its decision will then follow.
This hearing followed the March 22nd hearing in Québec and the Québec Court’s written order is also pending.
Both Courts must issue written orders approving the Settlement Agreement before it can take effect. We will provide an update as soon as we have news.
If you wish to make a claim for benefits, you do not need to take any action at this time. If both Courts approve the Settlement Agreement, the period to submit a claim will begin before the end of April.


So no news about what's going on in Quebec (Anyone?) and it seems that they are still hopeful to have this approved and rolled out by the end of the month. Hoping for the best!
it must the same idiots who thought of the cheating software that are now doing the update, how can they state something before it happens, they are suggesting this will be resolved by April 7th, why not just say " it will take 3 weeks after an agreement is reached and court approved, for the process to begin."

Is this a snow job or they know something that the rest of us do not !!!!
 

VWJets

Active member
Joined
Aug 17, 2005
Location
East York, ON, CANADA
TDI
2000 Golf GLS TDI (Retired), 2010 Golf TDI
The latest update of the vwcanadasettlement website about the hearings reads like this (underline is mine):

Update: Settlement Approval Hearings on March 22nd and 31st
On March 31, the Ontario Superior Court of Justice held an approval hearing for the nationwide 2.0L TDI Settlement Agreement as it applies to Canada outside of Québec. The Court has requested additional information from the parties by April 7, and its decision will then follow.
This hearing followed the March 22nd hearing in Québec and the Québec Court’s written order is also pending.
Both Courts must issue written orders approving the Settlement Agreement before it can take effect. We will provide an update as soon as we have news.
If you wish to make a claim for benefits, you do not need to take any action at this time. If both Courts approve the Settlement Agreement, the period to submit a claim will begin before the end of April.


So no news about what's going on in Quebec (Anyone?) and it seems that they are still hopeful to have this approved and rolled out by the end of the month. Hoping for the best!
I think it's likely that the QC and ON courts will consult each other and make a decision together so as to ensure all Canadians receive the same settlement.

I believe it's just a formality, due to the different legal systems between QC and the rest of Canada (Civil Law vs Common Law)
 

joey003

Veteran Member
Joined
Oct 6, 2010
Location
Hamilton, ON
TDI
2011 Jetta TDI Highline
^Thanks for all the updates guys.

Just a quick question - I must have totally missed it, but in the US, the buyback was based on Sept 2015 Retail value + compensation and not wholesale value like is proposed here??
 

uchu

Veteran Member
Joined
Jul 29, 2015
Location
Markham ON
TDI
2012 Passat Highline - in VW's possession
^Thanks for all the updates guys.

Just a quick question - I must have totally missed it, but in the US, the buyback was based on Sept 2015 Retail value + compensation and not wholesale value like is proposed here??
From this article:

http://blog.caranddriver.com/if-you...esel-car-heres-how-much-money-you-can-expect/

"According to the court, consumers who choose to receive compensation via buyback will be given the September 2015 NADA Used Car Guide “clean” trade-in-value figure for their vehicle after adjustment for mileage and options, as well as additional compensation in the form of “owner restitution,” defined as $2986.73 plus one-fifth of the car’s value. The court adds that no affected Volkswagen owner will receive less than $5100 in restitution."
 

joey003

Veteran Member
Joined
Oct 6, 2010
Location
Hamilton, ON
TDI
2011 Jetta TDI Highline
^Ahhh, now I kind of remember. Thanks!

That's the US wording...
Yeah - I had asked in previous post the specifics of the 2015 value for the settlement in the US. Didn't realize for them it was market value and not wholesale like here.
 

PlaneCrazy

Top Post Dawg
Joined
Jan 3, 2000
Location
Province of Quebec, Canada
TDI
Gone...
So the US gets the "clean" trade-in value. I don't believe the Canadian wording states condition but we also would get the trade-in value and not the retail value. There's usually a couple of $k between "rough" and "clean". If the Canadian settlement takes the average between the two, we'd still be off by at least $1k compared to the US.

VW needs to be transparent about this.
 

JohnNS

Veteran Member
Joined
Jan 17, 2016
Location
Nova Scotia
TDI
2009 JSW
So the US gets the "clean" trade-in value. I don't believe the Canadian wording states condition but we also would get the trade-in value and not the retail value. There's usually a couple of $k between "rough" and "clean". If the Canadian settlement takes the average between the two, we'd still be off by at least $1k compared to the US.

VW needs to be transparent about this.
My understanding is that they use the KMs to determine condition. So if you're at or under 24k per year you're in good, high mileage puts you in to rough, friggin' high mileage puts you in to crappy*.. so on.

*not actual terms, but you get the idea :)
 

b1jackson

Veteran Member
Joined
Dec 3, 2005
Location
Prince Edward Island, Canada
TDI
2012 Golf - Gone in BUYBACK. Replaced with 2015 Golf
Yeh. This is what grinds me just a little. Lots of kms on my car, 3m clear bra to protect paint, waxed twice/year and it becomes "rough" compared to the guy using his car for pizza delivery and it's never been washed and his kids write their names in the mud on the doors.

"Mint" because it has < 40000 km on it. :rolleyes:
 

Armby

Veteran Member
Joined
Nov 30, 2012
Location
Ottawa, Canada
TDI
2013 Golf
^Thanks for all the updates guys.

Just a quick question - I must have totally missed it, but in the US, the buyback was based on Sept 2015 Retail value + compensation and not wholesale value like is proposed here??
The US settlement was based on NADA "clean trade in" value. That is the highest trade-in value, it's not retail. The fact it wasn't retail was contentious there, as it is here. Regardless the CBB numbers being quoted from the Estimator are so low vs the US numbers that they stretch credibility. VW seems to have latched onto a sweet deal when CBB was chosen.

I have been thinking about how we got to the current situation. Seems to me that the lack of information on buy back values and how they were derived worked to VW's advantage when the deal was initially negotiated. Our class lawyers should have pressed that and didn't (bad on them). They agreed to the deal without understanding what we would get on a buy back and what the comparison to the US settlement was. It was only when the CBB Estimator was made available, which may have been under pressure from class counsel (good on them?) or maybe the Judge that owners could do the assessment. This resulted in legitimate concern which the Judge picked up on (very good on him).

Hopefully it all leads to a much fairer settlement in a timely manner.


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Lucsar

Veteran Member
Joined
Apr 22, 2015
Location
Ontario
TDI
Returned to VW: 2015 Passat Highline DSG EarlyLease Termination
Just wanted bring up a question: Do you think that this court re:adjournment will also change the way lease terminations are handled ? I don't think it will, as this was more for owners selling their car back to VW who were going to get screwed with CBB values. Perfectly understandable ..
 

mxs

Veteran Member
Joined
Jul 30, 2009
Location
Ontario
TDI
2010 Golf TDI
You can tell from the tweets transcripts that they spend most time around values and why this deal is not as good as US deal ...... It seems there was not much discussion about calculation and other clauses and nuances .... Funny, that's what most people complained about online.

Anyway, you will simply have to wait for the written report, which could take some time.
 

JohnNS

Veteran Member
Joined
Jan 17, 2016
Location
Nova Scotia
TDI
2009 JSW
Just wanted bring up a question: Do you think that this court re:adjournment will also change the way lease terminations are handled ? I don't think it will, as this was more for owners selling their car back to VW who were going to get screwed with CBB values. Perfectly understandable ..

I would suspect not, unless they up the compensation cash - that would apply I think
 

dwfdiesel

Veteran Member
Joined
Oct 17, 2011
Location
Muskoka Ontario Summer Lecanto FL winter
TDI
2006 Golf & 2012 Golf wagon, 1998 GMC 6.5 with 310,000km
This whole argument is finite. It doesn't matter what each car is worth that is not how they calculated what they would pay. VW said they have 2.1 billion for Canada (hope I got the number right but doesn't matter it's the number) and divided it by the number of cars in Canada so we get a part only period. We may get more for our cars arguing that more people will not go for the buyout thus more money will be available per unit or have counsel demand how VW got the 2.1 billion number. The judge is correct the law says we should be reimbursed the original amount it is not our fault VW committed fraud to sell us the car in the first place.

I too am tired of waiting and would like this to be out of my life but I could still be in the dark if the fraud was not discovered and if I would be trying to sell my car I would be looking at retail price on the market which in the past has been high for VW diesels as they last a long time and get great mileage that is the market.

My wagon has never seen winter has under 100000kms has no rust, not even a parking lot dent, I have records for maintenance all these would be considered on a retail sale. Just tell me how I will be compensated for my investment into a fraud case!
 

uchu

Veteran Member
Joined
Jul 29, 2015
Location
Markham ON
TDI
2012 Passat Highline - in VW's possession
The final settlement, once approved, is not going to please or accommodate everybody. That's a sure thing. My only hope is for an overall fair and expedite resolution.

Later this month is going to be six months since the settlement program got the green light down south. It's about time we can say the same here in Canada.
 

PlaneCrazy

Top Post Dawg
Joined
Jan 3, 2000
Location
Province of Quebec, Canada
TDI
Gone...
The final settlement, once approved, is not going to please or accommodate everybody. That's a sure thing. My only hope is for an overall fair and expedite resolution.

Later this month is going to be six months since the settlement program got the green light down south. It's about time we can say the same here in Canada.
Agree. Our new wagon will be at the dealer shortly. Dealer OK with not taking delivery until the settlement is finalized but I'm sure he's not prepared to wait another 6 months either. I am OK with the settlement as it now stands. A brand new car for roughly $3k + tax and delivery worked for us.

I want to get this over with and get my wife into her new silk blue Trendline TSI wagon, 5-sp manual.

Theoretically we can drive the old car until Dec. 4 2017. At that point the replacement cost insurance policy we have on it expires and the risk of driving it and losing out on the settlement becomes too great, and we'd have to park it and live with one car. But I surely expect the settlement to be in place until then.
 

volks27

Veteran Member
Joined
Sep 16, 2002
Location
Gatineau, Quebec
TDI
2012 golf highline
How many parked their cars?
The online calculator value drops from 16800 to 14400 after 80000km on my golf. I'm currently at 78000 and thinking of getting an in-between car. It's a big drop $.
 

laminated

Veteran Member
Joined
Apr 28, 2004
Location
Canada
TDI
15 Sportwagen
As an OT
Has anyone looked into a groupon for each province etc for a group sale on 2015's when they approve the sale. might help if a bunch approached each dealer with we have 30 etc owners looking for a deal, what can you do to clear that many sales today,, there is almost 7000 of them in Canada to clear, plus the turn ins behind that ..
 

Armby

Veteran Member
Joined
Nov 30, 2012
Location
Ottawa, Canada
TDI
2013 Golf
How many parked their cars?
The online calculator value drops from 16800 to 14400 after 80,000km on my golf. I'm currently at 78000 and thinking of getting an in-between car. It's a big drop $.
But, the 80,000 km limit should go up by 2,000 km a month. If VW had the balls to explain this properly we wouldn't have this kind of rampant fear of driving.
 

b1jackson

Veteran Member
Joined
Dec 3, 2005
Location
Prince Edward Island, Canada
TDI
2012 Golf - Gone in BUYBACK. Replaced with 2015 Golf
As an OT
Has anyone looked into a groupon for each province etc for a group sale on 2015's when they approve the sale. might help if a bunch approached each dealer with we have 30 etc owners looking for a deal, what can you do to clear that many sales today,, there is almost 7000 of them in Canada to clear, plus the turn ins behind that ..
This might be a bit tricky. Given that the stop sale order happened in the fall, dealers were likely already abit in wind down mode for that model year. I've got some inventory lists for dealers in our area and it's tough to find a 6spd for sure. Lots of black comfortlines!
 
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Nebelwerfer

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Mar 14, 2012
Location
Canuckistan
TDI
2012 Passat TDI
This might be a bit tricky. Given that the stop sale order happened in the fall, dealers were likely already abit in wind down mode for that model year. I've got some inventory lists for dealers in our area and it's tough to find a 6spd for sure. Lots of black comfortlines!
My dealer is buying ever single one in the area and anyone who is interested in buying one puts their name on a list, first come first serve.

When the thumbs up is given, they will be sold off ASAP, including ones bought back.

Regards
 

Armby

Veteran Member
Joined
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Location
Ottawa, Canada
TDI
2013 Golf
This whole argument is finite. It doesn't matter what each car is worth that is not how they calculated what they would pay. VW said they have 2.1 billion for Canada (hope I got the number right but doesn't matter it's the number) and divided it by the number of cars in Canada so we get a part only period. !
That is actually not correct. I just searched through the agreement and could not see anywhere where the $2.1 billion (or whatever the quote was) is documented. The agreement only describes what individual owners, lessees ect will get. The $2.1 B must be a number that VW itself released based on their estimate (possibly an exaggerated estimate) of what it will cost them if all owners had their cars bought back. Nobody else could have calculated that number because there is not enough detail in the agreement to do that.
I would guess that the estimate doesn't factor in owners going for modification or not doing anything, nor would it account for the value VW can get from selling back cars after they are fixed or the salvage value if they cannot sell them back.

Point is the agreement documents (and very poorly) how much individual owners will get and that's all. The total is not finite and te total cost to VW under the current agreement is likely much less than the $2.1 B.
 

dwfdiesel

Veteran Member
Joined
Oct 17, 2011
Location
Muskoka Ontario Summer Lecanto FL winter
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2006 Golf & 2012 Golf wagon, 1998 GMC 6.5 with 310,000km
That is actually not correct. I just searched through the agreement and could not see anywhere where the $2.1 billion (or whatever the quote was) is documented. The agreement only describes what individual owners, lessees ect will get. The $2.1 B must be a number that VW itself released based on their estimate (possibly an exaggerated estimate) of what it will cost them if all owners had their cars bought back. Nobody else could have calculated that number because there is not enough detail in the agreement to do that.
I would guess that the estimate doesn't factor in owners going for modification or not doing anything, nor would it account for the value VW can get from selling back cars after they are fixed or the salvage value if they cannot sell them back.

Point is the agreement documents (and very poorly) how much individual owners will get and that's all. The total is not finite and te total cost to VW under the current agreement is likely much less than the $2.1 B.
Yes it's called damage control. There is no way VW went into negotiations with no idea how much it would cost them ie 2.1 billion. The details set out in the agreement are just instructions on how they will keep the damages down to a minimum, VW is not out to give us anything just to control how much they have to spend to get back in the game. There are so many possible outcomes for VW not to have to pay if they are allowed to sell the cars when finished they are likely to make money out of this agreement. To any individual Fraud is a serious charge but to a corporation it's just a cost.
 

mxs

Veteran Member
Joined
Jul 30, 2009
Location
Ontario
TDI
2010 Golf TDI
The final settlement, once approved, is not going to please or accommodate everybody. That's a sure thing. My only hope is for an overall fair and expedite resolution.

Later this month is going to be six months since the settlement program got the green light down south. It's about time we can say the same here in Canada.
No kidding. It's frustrating, how some people still demand a full price refund or call their TDI purchase an "investment". Give me a break ....
 

Armby

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Joined
Nov 30, 2012
Location
Ottawa, Canada
TDI
2013 Golf
Yes it's called damage control. There is no way VW went into negotiations with no idea how much it would cost them ie 2.1 billion. The details set out in the agreement are just instructions on how they will keep the damages down to a minimum, VW is not out to give us anything just to control how much they have to spend to get back in the game. There are so many possible outcomes for VW not to have to pay if they are allowed to sell the cars when finished they are likely to make money out of this agreement. To any individual Fraud is a serious charge but to a corporation it's just a cost.
I guess I misinterpreted your original post. You weren't say that the negotiated agreement was that VW would pay out $2.1 B and the only thing left is to calculate how much everyone would get. You are actually saying that VW unilateral decided that they had $2.1 B to hand out and neither the class lawyers nor the court had any say in that.

Interesting. I guess under this approach we really don't need fraud and environmental laws nor Judges. We can just leave it to the Corporations to decide. Very Trumpian. Very sad.
 

PlaneCrazy

Top Post Dawg
Joined
Jan 3, 2000
Location
Province of Quebec, Canada
TDI
Gone...
No kidding. It's frustrating, how some people still demand a full price refund or call their TDI purchase an "investment". Give me a break ....
Agreed. No car is an "investment" except for some rare collector models that never or hardly get driven. All cars depreciate, some faster than others, but bottom line eventually a TDI will become worthless like any other car on the road.

The current agreement as it now stands gets us into a brand-new wagon as well or better equipped than our TDI, for $3k plus tax and delivery. I consider that fair. A new wagon would otherwise cost us about $10k plus taxes and delivery.

We weren't planning to trade this year, we hoped to keep our TDI at least 10 years, but the deal and uncertainty around a fix makes it an attractive proposition to take the buyback/trade. And as we need a compact manual wagon (and hate SUVs) that's affordable, a Golf Sportwagen is just about the only choice we have.
 
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