— A MINI Cooper power steering lawsuit has been certified as a nationwide class action for current and former Canadian owners and lessees of these BMW models.
- 2002-2006 MINI Cooper
- 2002-2006 MINI Cooper S
- 2005-2008 MINI Cooper Convertible
- 2005-2008 MINI Cooper S Convertible
Certified in the Ontario Superior Court of Justice, the MINI Cooper class action lawsuit alleges the power steering systems contain defects that cause the power steering to fail. The lawsuit also alleges the defects can cause components to smoulder and cause car fires.
BMW did order a recall for 2002-2005 MINI Cooper and MINI Cooper S cars in the U.S., but Canadian customers say a similar recall hasn't been issued in Canada. Instead, BMW Canada offered an extended warranty on the power steering pumps and fans.
The U.S. recall included 86,000 MINI Cooper cars after an investigation was opened by the U.S. National Highway Traffic Safety Administration concerning power steering problems.
BMW extended the warranty for customers, but safety regulators advised the automaker to issue a formal recall in place of an extended warranty.
Although BMW argued a loss of power steering wasn't a risk to safety because manual steering remained, the automaker agreed to recall any affected vehicles which hadn't been repaired under the extended warranties.
U.S. regulators said the recall was necessary because five MINI Cooper owners claimed injuries occurred when the power steering was lost.
U.S. BMW dealers agreed to replace the power steering pumps, fans and wiring if needed.
According to the Canadian class action, more than 16,600 MINI Coopers may be affected by the lawsuit which demands BMW pay the cost of repairing the MINI Coopers and reimburse owners or lessees who have already paid out-of-pocket for repairs.
Attorneys for car owners also say the automaker should pay for any damages or injuries caused by the power steering problems.
The MINI Cooper owners and lessees are represented by Waddell Phillips, and Podrebarac Barristers.