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General Motors - Intake Manifold Gasket
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For more information you may e-mail us at
gmclassaction@kmlaw.ca or call us at 1-877-398-0497 |
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GENERAL MOTORS CORPORATION AND GENERAL MOTORS
OF CANADA LTD
Stewart v. General Motors
For the latest news and to complete our questionnaire, visit our dedicated
website at www.gmcanadianclassaction.ca
Koskie Minsky LLP, Colin Stevenson and Harvin Pitch
act together for the plaintiffs in a proposed national class action against
General Motors of Canada Limited and General Motors Corporation. The claim
alleges that the defendants manufactured, in the 1995-2003 model years, motor
vehicles with a defective intake manifold gasket (IMG).
The IMG regulates the flow of air and fuel into the cylinder. The allegation is
that the IMG degrades prematurely causing coolant to leak into the engine. In
particular, the plastic used to manufacture the IMG facilitated corrosion
because it permitted leakage from the coolant system. The IMG did not properly
seal the engine, causing leaks to occur. Among other consequences, the coolant
mixes with engine oil making the oil ineffective and damaging the engine. In
some cases engines overheat and seize completely, creating a danger to the
operator and occupants and requiring complete engine replacements.
The claim, therefore, is based primarily on negligence, including the failure
to warn the class of the problems and to rectify the problems. The damages are
difficult to assess but a claim has been made for restitution of the
defendants' savings, which are estimated to be about $1,200,000,000 in Canada
alone.
The plaintiffs' counsel has teamed up with counsel across the country to
advance similar claims in most provinces. View the claims issued to date:
British Columbia,
Alberta, Manitoba,
Ontario,
New Brunswick, Nova
Scotia, Newfoundland.
Comparable actions in the United States have been hard-fought and continue to
be pursued in various jurisdictions. In January 2006 a similar claim was
certified as a class action in Missouri.
Status of the Proceedings
The plaintiffs have delivered a Motion Record in support of certification of
this claim as a class proceeding, and the Defendants have delivered responding
materials. The Certification Hearing, which was originally scheduled for
December 3, 2007, has been adjourned to March 25, 2008 in light of settlement
discussions proceeding between the parties.
If you have information about this problem please complete and remit our secure
online questionnaire, or if you prefer, print out the questionnaire to submit
by fax or mail. We direct you to
www.gmcanadianclassaction.ca where you will find the link to the
questionnaire.
Since the national claim was commenced in Ontario there has been an outpouring
of interest by affected consumers across the country. We have assembled a
national team of law firms to pursue this claim vigorously on your behalf. The
following is the list of lawyers working with us, together with their websites
and email addresses. For those of you who have already sent us information, we
will forward it to the appropriate lawyers. If you have not yet completed the
questionnaire and remitted it, you may send it to us or to your local law firm:
Please note that there is no direct cost you. This action is proceeding on a
contingency fee basis. Class members will not be required to pay any legal fees
to the class action lawyers unless the class action is successful at trial or
settled (on favourable terms to class members). The Court must approve any
settlement and the amount and division of any legal fees paid to counsel.
If the action is certified, persons who do not wish to pursue their claims
against the defendants or wish to pursue their claims on an individual basis
may opt out of the class action and commence individual claims at their own
expense.
Important Note:
This website has been developed to provide general information to potential
class members.
The site is not designed to answer questions about your individual situation or
entitlement. Do not rely upon the information provided on this website as legal
advice in respect of your individual situation nor use it as a substitute for
individual legal advice.
The information collected about potential class members will assist counsel in
prosecuting the class action and assessing what damages were suffered by the
class as a whole. Providing the information requested does not make you a
client. The court will ultimately decide who will be included as a class
member.
This website will be updated from time to time to provide potential class
members with information as it becomes available.
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