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Class Action

Judgment

On February 27, 2019, the authorization to institute a class action has been granted pursuant to a judgment rendered by the Honorable André Prévost, j.c.s., for the Group described below:

“All physical and legal persons who purchased a Honda Civic vehicle of the years 2006 to 2013 [in Quebec]:

  1. Which sustained paint peeling and/or accelerated degradation while the vehicle was under 9 years of age and/or
  2. While Honda omitted to inform its clients purchasing a vehicle that there existed a risk of its vehicles suffering from peeling paint.”

You can read the judgement by following that link (in French only):

Judgement authorizing the class

You can also read the main proceedings by following that link (in French only):

Motion to authorize a class action

Motion to institute a class action

If you purchased a Honda Civic vehicle of model years 2006 to 2013, and your car sustained premature and incremental paint degradation from peeling, you could benefit from this class action. You do not need to register to be a member of this class action. If the group description above applies to your situation, you are automatically included in the class action unless you opt out. You can consult the notices to members of the class action by following the links below (in English) (available on January 14, 2020):

Notice to members (short version)

Notice to members (detailed version)

Opting out: Members can opt out of the class action by filling and sending the form found on the following link (in French and English) (available on January 14, 2020):

Opting out form

Instructions to fill out and send the form are included on the form itself. The opting out period is from January 14, 2020 to February 14, 2020. By filling out and sending the opting-out form to the Superior Court Office, you waive any benefits that may ensue from the class action. You cannot register back into the class action after opting-out. For further information, you may check our FAQ section.

You can also consult our FAQs.

Consult now

Frequently Asked Questions

1. What is the purpose of this class action?
This class action aims to compensate buyers of a Honda Civic of model years 2006 to 2013 suffering from a peeling paint problem.

2. How can I determine if I am a member of this class action?
You are a member of this class action if you purchased a Honda Civic of model years 2006 to 2013, and the paint on your vehicle started peeling while it was less than 9 years of age.

3. Will I have to pay anything to be part of this class action?
You do not have to pay any fees to be part of this class action, no matter the outcome of this litigation. All fees for this class action, including attorney fees, will be paid from the award granted against Honda Canada Inc. Should this class action be dismissed, the legal fees will be paid by the lawyers involved in the litigation.

4. Do I need to register to be a member of this class action?
No registration is required to be a member of the class action. You are automatically included in the class action if the group description applies to your situation.

5. Who is excluded from the class action?
You are excluded from the class action if:

  • You filed an opting-out form for this class action with the Superior Court clerk of the district of Montreal;
  • You obtained a judgement from a Court in Quebec granting or dismissing a claim for peeling paint on your Honda Civic;
  • You purchased a Honda Civic of model years 2006 to 2013 while the paint had already started peeling.

6. Can I receive a compensation from the class action if I filed an opting-out form?
No.

7. Can I receive a compensation from the class action if I filed a claim against Honda Canada Inc. with the Small Claims Court, or another tribunal, and my case was dismissed?
No.

8. I purchased a Honda vehicle of a model other than Civic (ex.: Fit, Accord, Odyssey, CR-V, etc.), or an Acura vehicle that suffers from the same peeling paint problem. Am I included in the class action?
You are not included in the class action at the present time, as the only vehicles targeted by the class action are Honda Civic of model years 2006 to 2013. However, if there is sufficient evidence that other vehicles manufactured by Honda suffer from the same peeling paint problem, it will ultimately be possible to ask the Court permission to extend the class action to those other vehicles.

9. I paid to have my Honda Civic painted to repair the peeling paint problem. Am I included in the class action?
You are included in the class action provided that your car was a model year 2006 to 2013 and that the paint started peeling while your car was less than 9 years old.

10. My Honda Civic was painted by Honda under warranty. Am I included in the class action?
You could be excluded from the class action if you granted a discharge to Honda Canada Inc. Your total or partial exclusion depends on the drafting of the discharge, which will require analysis by a legal professional to determine its extent.

11. Am I a member of the class action if I purchased my used Honda Civic from the previous owner rather than from a Honda dealer?
You can be a member of the class action even if your vehicle was not purchased from a dealer.

12. I sold my Honda Civic at a loss because the paint had already started peeling. Am I included in the class action?
You can be a member of the class action if the peeling paint problem had already started when you sold your car.

13. What documents will be required to obtain a compensation?
The claims process will ultimately be determined by the Court when the class action award is granted. In order to be able to file a claim, you should keep all the documents that could provide evidence that you owned a vehicle that was included in the class action (ex.: purchase contract, vehicle registrations, receipts, photos, etc.).

14. What compensation will I receive?
The form and amount of the compensation will be determined by the Court in its judgment on the class action, or by a settlement agreement, as the case may be.

15. How will I know if I can receive a compensation if I am not registered?
Notices will be published in newspapers, on our website and through other medias to notify members of an eventual judgement or settlement. At that time, members will be able to file a claim by following the procedure to be established by the Court. Members will need to file their claim during the period to be determined by the Court. Each member will be responsible file a claim in compliance with the Court’s decision.

16. Will I be required to file a claim to obtain a compensation?
Yes. Each member will be required to personally file a claim by following the instructions to be provided by the Court.

17. When will I be required to file a claim?
You will need to file a claim during the period eventually determined by the Court.

18. When will I receive a compensation?
It is not currently possible for us to determine the date at which a judgement will be rendered on the class action. We are working hard to ensure that the case progresses as quickly as possible.

19. I live in Quebec but I purchased my car in Ontario. Am I included in the class action?
No. To be included in the class action, you must have purchased your car in Quebec.

20. Who are the lawyers litigating this class action?
Plaintiffs are represented by Eric Cloutier and Eric Bertrand of the firm CBL & Associates, and Benoit Gamache of the firm BG Avocat Inc.