— FCA Canada recalls caused a huge proposed class action lawsuit which is no longer proposed after an appeals court ruled the Chrysler lawsuit won't be certified as a class action in Canada.
The FCA Canada lawsuit followed actions in the U.S. by the National Highway Traffic Safety Administration against Chrysler regarding 23 recalls in the U.S. and a federal penalty of $105 million.
The FCA Canada lawsuit was filed by 2007 Jeep Liberty owner Corrine Kane who claims Chrysler didn't adequately repair vehicles involved in 24 FCA Canada recalls.
In addition to supposedly not properly repairing the vehicles for about 900,000 vehicle owners in Canada, the plaintiff asserts FCA didn't replace or repurchase the recalled vehicles.
Those FCA Canada recalls included these vehicles which are included in the lawsuit:
- 1993-1998; 2002-2008; 2011-2015 Jeep Grand Cherokee
- 2009; 2011-2014 Dodge Durango
- 2005-2006; 2009-2014 Dodge Ram
- 2008-2012 Dodge Ram 1500
- 2008-2014 Dodge Ram 2500
- 2008-2014 Dodge Ram 3500
- 2008-2015 Dodge Ram 4500
- 2008-2015 Dodge Ram 5500
- 2009 Chrysler Aspen
- 2006; 2009-2010 Dodge Dakota
- 2002-2007 Jeep Liberty
- 2008-2010 Chrysler Town and Country
- 2008-2010 Dodge Grand Caravan
- 2009-2010 Dodge Journey
- 2006-2008 Jeep Commander
- 2008 Dodge Magnum
- 2015 Chrysler 200
- 2008; 2011-2014 Chrysler 300
- 2011-2015 Dodge Challenger
- 2003-2004; 2013-2014 Dodge Viper
The proposed class action lawsuit alleges the FCA Canada recalls were announced for all sorts of problems and defects.
- Braking problems
- Transmission problems
- Faulty alternators
- Faulty rear axle pinion nuts
- Defective fuel tanks and fuel systems
- Faulty ball stud tie-rod assemblies
- Wiring problems
- Defective clutch interlock switches
- Faulty airbags
- Faulty door switches
- Tire failure problems
The plaintiff says about 900,000 vehicle owners should be reimbursed for the purchase price of the vehicles and receive damages for diminished vehicle values. And every vehicle lessee should be given the right to terminate their lease.
The plaintiff also told the judge FCA Canada should pay damages for causing "anxiety and fear."
FCA Canada Recalls — No Class Action Lawsuit
The Saskatchewan Court judge denied to certify the FCA Canada lawsuit as a class action by finding there were too many separate and distinct claims among the 24 FCA Canada recalls.
The plaintiff appealed to the Saskatchewan Court of Appeal which upheld the earlier ruling about class action certification.
The appeals court found the lower court was correct by finding the claims were not common to justify a class action lawsuit. With the varied models and model years and the different problems which caused the 24 FCA Canada recalls, the appeals court ruled class action certification was out of the question.
In addition, the appeals court ruled plaintiff Corrine Kane could not represent about 900,000 vehicle customers because her personal claims were different than other Chrysler owners.
The FCA Canada recalls lawsuit was filed in the Court of Queen's Bench for Saskatchewan: Corrine Kane v. FCA US LLC, et al.
The plaintiff is represented by Merchant Law Group LLP.
