Dusevic & Garcha has filed the within proposed auto defect multi-jurisdictional class proceeding which involves allegations that certain model year Volkswagen and Audi vehicles installed with Generation 1, 2 or 3 EA888 engines, marketed, advertised, distributed, supplied, leased and/or sold by the Defendant, Volkswagen Group of Canada Inc., in Canada, including the Province of British Columbia, equipped with a defective turbocharger which causes an unexpected loss of engine power or ability to accelerate and/or maintain speed, placing the vehicle at risk of a collision or loss of control, all of which poses a real, substantial and imminent risk of harm or injury to vehicle occupants, and damage to the vehicle’s engine.

Affected Class Vehicles refers to the following model year VW and Audi vehicles installed with the Class Engines marketed, advertised, distributed, supplied, leased and/or sold by the Defendant, VWGoC, in Canada, including the Province of British Columbia, with the Turbocharger Defect:

GENERATION 1

VW MODEL

Beetle (2012-2013)

CC (2009-2017)

Eos (2009-2016)

Golf R (2008-2014)

GTI (2008-2014)

Jetta Sedan and GLI (2008-2013)

Jetta Sportwagen (2009)

Passat (2008-2010)

Tiguan (2009-2018)

AUDI MODEL

A3 (2008-2009)

Q3 (2015-2018) 

GENERATION 2

AUDI MODEL

A4 (2009-2014)

A5 (2010-2014)

A6 (2013-2015)

Q5 (2011-2014)

TT (2011-2012)

GENERATION 3

VW MODEL

Arteon (2019-2021)

Atlas (2018-2023)

Atlas Cross Sport (2020-2023)

Golf (2015-2018)

Golf R (2015-2019)

Golf Sportwagen and Alltrack (2015-2019)

GTI (2015-2021)

Jetta GLI (2019-2024)

AUDI MODEL

A3 (2015-2020)

Q3 (2019-2024)

TT (2016-2023)

There exists a defect in the design, material, manufacturing, and/or workmanship in the Class Engine turbocharger, which is substantially certain to prematurely fail forcing putative class members to incur, inter alia, out-of-pocket costs to repair and/or replace the defective turbocharger, costing thousands of dollars. As explained in detail, below, the turbocharger fails before the end of the useful life of the Class Engine as a result of defects alleged herein.

The Turbocharger Defect poses a real, substantial and imminent risk of harm or injury to vehicle occupants, and though consumers have complained about it, the Defendant, VWGoC, has failed and/or refused to issue a recall and adequately address or remedy the Turbocharger Defect.

The Defendant, VWGoC, had prior knowledge of the Turbocharger Defect in the Affected Class Vehicles before they were marketed, advertised, distributed, supplied, leased and/or sold to putative class members. The Defendant, VWGoC, had actual knowledge that design, materials, manufacturing, and/or workmanship defects were causing the Turbocharger Defect shortly after production of the Affected Class Vehicles commenced. Further, the Defendant, VWGoC, acknowledged the Turbocharger Defect in a series of Technical Service Bulletins (“TSBs”), and other such service publications, which described the issue to its exclusive network of authorized dealerships beginning in or around July 2010.

Prior to selling and/or leasing the Affected Class Vehicles the Defendant, VWGoC, knew that the Affected Class Vehicles were defective, yet omitted and kept this material fact from the Plaintiff and putative class members. Rigorous pre-release production testing and post-production monitoring made the Defendant, VWGoC, aware of the Turbocharger Defect, which was wrongfully and intentionally concealed from the Plaintiff and putative class members.

In marketing, advertising, distributing, suppling, leasing and/or selling the Affected Class Vehicles, the Defendant, VWGoC, engaged in unfair, deceptive, and/or misleading consumer practices, and further breached its express and/or implied warranties.

As a result of the alleged misconduct of the Defendant, VWGoC, the Plaintiff and putative class members were harmed and suffered actual damages. The Plaintiff and putative class members did not receive the benefit of their bargain; rather, they purchased and/or leased vehicles that are of a lesser standard, grade and quality than represented, and they did not receive vehicles that met ordinary and reasonable consumer expectations regarding safe and reliable operation. Purchasers and/or lessees of the Affected Class Vehicles paid more, either through a higher purchase price or lease payments, than they would have had the Turbocharger Defect been disclosed. The Plaintiff and putative class members were deprived of having a safe, defect-free turbocharger installed in their Affected Class Vehicles, and the Defendant, VWGoC, has unjustly benefitted from the higher price paid by consumers for such vehicles.

The Plaintiff and putative class members also suffered damages in the form of, inter alia, out-of-pocket costs of repair and/or replacement, rental car costs, towing costs, overpayment, and/or diminished value of the Affected Class Vehicles.

No reasonable consumer would have purchased and/or leased an Affected Class Vehicle had the Defendant, VWGoC, made full and complete disclosure of the Turbocharger Defect, or would have paid a lesser price. 

The Plaintiff and putative class members expected that the Defendant, VWGoC, would disclose material facts about the safety of its Affected Class Vehicles and the existence of any defect that will result in expensive and non-ordinary repairs. The Defendant, VWGoC, failed to do so.

The Plaintiff seeks relief for all other current and/or former owners and/or lessees of the Affected Class Vehicles equipped with the defective turbocharger, including, inter alia, recovery of damages and/or repair under provincial consumer protection legislation, breach of express warranty, breach of implied warranty of merchantability and reimbursement of all expenses associated with the repair and/or replacement of the Turbocharger Defect in the Affected Class Vehicles.