The class actions seek damages and other relief on behalf of consumers with Class Vehicles. They allege that the Class Vehicles have a continuously variable transmission (“CVT”) that is defective, which can lead to poor transmission performance or failure. The Plaintiffs brought claims against Nissan. The individuals who sued are called the Plaintiffs. The companies they sued, Nissan North America, Inc. and Nissan Canada Inc. (collectively, “Nissan”), are called the Defendants.
Nissan has denied and continues to deny all of the Plaintiffs’ claims related to the CVT in the Class Vehicles, denies all allegations of wrongdoing, fault, liability or damage of any kind to Plaintiffs or the Settlement Class, denies that it acted improperly or wrongfully in any way, and believes that this litigation is without merit.
These class actions consist of the following actions: Lijie Mao v. Nissan Canada Inc. and Nissan North America Inc., Court File No. CV-19-00003730-00CP before the Ontario Superior Court of Justice at Brampton, and Dave Perozzo v. Nissan Canada Inc. and Nissan North America, Inc., Court File No. CV-22-00000458-00CP before the Ontario Superior Court of Justice at Brampton (collectively, the “Actions”).
This Notice summarizes the Settlement, which affects your legal rights if you are a Settlement Class Member. You have received a Notice because you are a past or current owner or lessee of a Class Vehicle or have contacted Class Counsel to receive notice of the class action. Receipt of this Notice does not mean that you are a Settlement Class Member.
If you are a Settlement Class Member you can submit a claim for benefits as outlined in the Settlement Agreement. For more information regarding the benefits available to eligible Class Members see (Question G)
You may be included in the Settlement if you own/owned or lease/leased a Class Vehicle and have not validly and timely requested to opt out from the Settlement Class.
Only Class Vehicles are included in the Settlement.
You may have a Class Vehicle if it is included in the below list of vehicles:
In addition, Class Vehicles:
You may be a member of the Settlement Class and included in the Settlement if:
Excluded Persons from the settlement include:
Settlement Class Members may be eligible for one or more of the following benefits, provided they meet certain requirements:
(1) Warranty Extension. Nissan Canada Inc. will extend the terms of the Nissan New Vehicle Limited Warranty for Class Vehicles to the extent it applies to the transmission assembly (including the valve body and torque converter) and Automatic Transmission Control Unit (“ATCU”) in all Class Vehicles by 24 months or 40,000 kilometres, whichever occurs first. The Warranty Extension will be subject to the terms and conditions of the original New Vehicle Limited Warranty applicable to the Class Vehicle.
(2) Reimbursement for Replacement of or Repair to Transmission Assembly or ATCU. Nissan Canada Inc. will reimburse Class Members for parts and labour actually paid by the Class Member for qualifying repairs involving the replacement of or repair to the transmission assembly or ATCU of their Class Vehicle if the work was done after the expiration of the powertrain coverage under the original New Vehicle Limited Warranty but within the durational limits of the Warranty Extension. If the replacement or repair was performed by a Nissan dealer, the full amount the Class Member paid will be reimbursed. If the repair or replacement was performed by a non-Nissan automotive repair facility, Nissan will reimburse up to $6,000 for that repair or replacement. In both cases, the replacement or repair must have occurred on or before the Class Vehicle has been in service for 84 months or been driven for 140,000 kilometres, whichever occurs first. If you paid for more repairs on more than one occasion, you can be reimbursed for all qualifying repairs subject to the above limits.
(3) Voucher Towards Purchase or Lease of a New Vehicle. Former owners of Class Vehicles who had 2 or more replacements or repairs to the transmission assembly or ATCU during their ownership experience (as reflected by Nissan Canada Inc. Warranty records) are eligible for a Voucher in the amount of $1,300 for either a purchase or lease of a single new Nissan or Infiniti vehicle from an authorized Nissan dealer in Canada. Prior software updates and/or reprogramming do not count as a prior repair. The Voucher must be used by March 15, 2023. The Voucher is not transferable. Class Members eligible for a Voucher but also eligible for reimbursement of a qualifying repair must elect either to receive the Voucher or to receive reimbursement, but may not receive both.
You are not eligible for benefits, unless a Nissan dealer has diagnosed and recommended a replacement of or repair to the transmission within 84 months or 140,000 kilometres, your vehicle was not yet driven past 155,000 kilometres as of the date of repair, and the repairs were completed within 90 days of the Approval Notice Date For more details, see (Question J).
Even if your Class Vehicle is now outside the mileage and time limits of the Warranty Extension, you may still make a claim for reimbursement but only if you previously paid out of pocket for parts and labor for replacement of or repair to the transmission assembly (including the valve body and torque converter) or ATCU by a Nissan or Infiniti dealer or other non-Nissan/Infiniti automotive repair facility while your vehicle was within the mileage and time limits of the Warranty Extension.
If a Nissan dealer diagnosed and recommended the replacement or repair of your transmission assembly or ATCU before your Class Vehicle had been in service for 84 months or been driven for 140,000 kilometres (whichever occurs first), and you paid to have that replacement or repair performed before the vehicle has been driven 155,000 kilometres and no later than September 13, 2022, then, if you submit a valid claim, you would be eligible for reimbursement of the transmission repair or replacement costs, subject to the cap of $6,000 if the work was done by non-Nissan automotive repair facility. Repairs made after 155,000 kilometres or after 90 days after the Approval Notice Date, whichever occurs first, are not eligible for reimbursement.
If you have an issue with a Class Vehicle’s transmission in the future, you should take your vehicle to an authorized Nissan dealer for investigation and diagnosis. Depending on the age and mileage of your vehicle, coverage under the extended warranty may be available.
If you have an issue with the way the extended warranty has been applied for a transmission issue, you must first attempt to resolve the dispute through an expedited resolution process involving an arbitrator whose decision is final. This expedited resolution process is described further in Exhibit A to the Settlement Agreement. No lawsuit may be filed before a decision by the arbitrator.
To remain a Class Member and obtain the Warranty Extension you do not have to do anything.
If you believe you are eligible to receive reimbursement for a transmission repair or replacement you must submit a claim.
A completed claim submission must be received by September 13, 2022 in order for you to be eligible to receive reimbursement if deemed eligible by the Settlement Administrator.
Upon receiving a Claim Form, the Settlement Administrator will review the documentation and confirm or deny the Class Member’s eligibility for reimbursement.
If you qualify for a $1,300 Voucher for purchase or lease of a single new Nissan or Infiniti vehicle, you will be notified by the Settlement Administrator. Further detail is available in the Settlement Agreement located here.
If you believe you are eligible for both a $1,300 Voucher and reimbursement, you must elect whether to receive reimbursement or a Voucher. You may not receive both benefits.
To submit a claim for benefits under the Settlement, you will need to provide the following information and supporting documents:
All claims require:
(a) Valid driver’s license or other government-issued photo identification;
(b) Dates you owned or leased your vehicle; and
(c) Proof of vehicle ownership (in the case of an owned vehicle, a copy of the vehicle’s registration certificate or bill of sale, and in the case of a leased vehicle, a copy of the lease agreement).
To submit a claim for reimbursement of a Qualifying Repair, you will, in addition to the above, need to provide the following information and supporting documents:
Appropriate contemporaneous documentation of a Qualifying Repair that establishes that (a) a Qualifying Repair was made, (b) the Class Member paid for the Qualifying Repair, (c) the amount paid for the Qualifying Repair, (d) the mileage of the vehicle at the time of the Qualifying Repair, and (e) the date of the Qualifying Repair;
Additionally, for a Qualifying Repair made after the expiration of the time and mileage limits of the Extended Warranty but within the time frame outlined in Question J, you will need appropriate contemporaneous documentation that establishes that (a) an Authorized Nissan Dealer diagnosed and recommended a repair to the transmission assembly or ATCU, (b) the vehicle’s mileage at the time of the diagnosis and recommendation was within the period of the Warranty Extension, and (c) the date on which the diagnosis and recommendation was made.
To submit a claim for a Voucher Towards Purchase or Lease of a New Vehicle, you will, in addition to the above, need to provide the following information and supporting documents:
Appropriate contemporaneous documentation of 2 or more replacements or repairs to the transmission assembly or ATCU during your ownership experience (as reflected by Nissan Canada Inc. Warranty records).
You may only continue an individual lawsuit against Nissan if you submitted a valid opt-out request prior to March 4, 2022. If you submitted a valid opt out request, you are not eligible for settlement benefits.
If you did not validly opt out of the Settlement, you will be a Class Member and eligible for Settlement benefits in exchange for giving up the right to sue Nissan for the claims resolved by the Settlement.
Class Members who have an action (other than these Class Actions) pending as against Nissan relating to the same facts underlying the claims resolved by the Settlement, are prevented from instituting or prosecuting in any court or tribunal any of the claims resolved by the Settlement.
The Effective Date of this Settlement is April 30, 2022.
The law firms representing all Class Members are listed below:
For owners/lessees of:
Investigation Counsel P.C.
350 Bay Street, Suite 1100
Toronto, ON M5H 2S6
For owners/lessees of:
Merchant Law Group LLP
6117-240 Richmond Street West
Toronto, ON M5V 1V6
You will not be charged for contacting these lawyers. Class Counsel can be reached at:
In addition to the Settlement benefits described above, NCI has agreed to pay the legal fees and costs of Class Counsel that are approved by the Court. This means that members of the Settlement Class will receive 100% of their eligible benefits described in this Notice and their compensation will not be reduced by legal fees or costs.
This Notice is only a summary of some of the terms of the Settlement. If there is a conflict between this Notice and the Settlement Agreement, the Settlement Agreement applies.
For more information about your legal rights under the Settlement, you may also consult Class Counsel at no charge by calling/emailing:
The deadline to submit a claim is September 13, 2022. Late submissions will not be accepted.