Class Action – Peeling Paint and Clear Honda Civic 2006-2013 and Acura CSX 2006-2011

Frequently Asked Questions

1. What is the purpose of this class action?
This class action aims to compensate past or present owners of a Honda Civic of model years 2006 to 2013 or an Acura CSX of model years 2006 to 2011 suffering from a peeling paint problem.

2. How can I obtain a compensation?
You must file a claim for compensation on the settlement website: www.CivicCSXpaintClassAction.ca

3. Did I need to register to be eligible to file a claim?
No, you did not need to register.

4. Who is excluded from this class action?
The following persons are not members of this class action:

• Persons filing an opt-out form at the Court office of the Superior Court on June 17, 2022 at the latest
• Persons who obtained a final judgment, from a court in Quebec, against Honda Canada Inc. regarding the paint peeling problem, whether that judgment was favorable or not
• Persons who purchased or acquired a Civic or CSX vehicle targeted by this class action while the paint had already started peeling
• Persons who disposed of the vehicle at a junkyard without having done any prior paint repairs on the vehicle
• Persons who own a Civic or CSX vehicle from one of the model-years targeted by the class action, but who do not suffer from a paint peeling problem
• Persons who were fully compensated for paint damages by an insurer following a claim made to that insurer.

5. Am I a member of the class action if I purchased my used vehicle from the previous owner rather than from a Honda dealer?
Yes, if you purchased directly from the previous owner and the vehicle was not affected by a paint peeling problem at the time of purchase, you could be a member of the class action.

6. Can I obtain a compensation if I sent an opt-out form after the authorization to institute a class action, between January 14, 2020 and February 14, 2020?
You could possibly apply for benefits under the settlement, even if you opted out previously during the proceedings. To opt back in the class action, you will need to comply with the terms and conditions that will be detailed on the settlement website after the settlement is approved.

7. Can I obtain a compensation if I made a claim before the Small claims court, or any other court, and my claim was denied?
No.

8. I purchased a Honda vehicle of a model other than Civic (ex. : Fit, Accord, Odyssey, CR-V, etc.), or an Acura vehicle of a model other than CSX, that suffers from the same peeling paint problem. Am I included in the class action?
No, only Civic and CSX vehicles are included in the class action.

9. The paint on my car was previously painted by Honda because of peeling paint. Can I claim a compensation?
You may be excluded from the class action if you granted a total release to Honda Canada Inc. in exchange for paint repairs. Your inclusion in or exclusion from the class action will depend on the wording of the release and the parts of your vehicle affected by peeling paint, You may still file a claim with the claims administrator if you are in one of the following situation:

• You had the paint repaired by Honda and the peeling reappeared on the same parts of the vehicle
• You had the paint repaired by Honda and the peeling paint problem started to appear on part of the vehicle that were not repaired

The claims administrator will examine your claim based on the submitted information and documents and determine if you are eligible to a compensation.

10. I sold my Civic or CSX vehicle while it was already affected by peeling paint. Can I claim a compensation?
Yes, you may possibly apply for a compensation. Make sure you kept clear photographs of the affected parts of the vehicle before you sell it to be able to prove the presence of peeling paint at the time of the sale. You may also ask the purchaser to confirm in writing that the car was sold at a lower price due to the peeling paint problem. This confirmation may appear in the sale contract, for example.

11. What kind of compensation can be claimed under the settlement?
The settlement agreement establishes several types of compensation:

• Contribution for paint repairs (In-Kind remedy)
• Reimbursement of past expenses for paint repairs
• Compensation for loss at resale
• Reduced cash compensation instead of contribution for paint repairs
• Supplemental compensation for original owners

Each type of compensation is subject to certain terms and conditions, which are detailed in the settlement agreement.

12. What is the supplemental compensation for original owners?
Members of the class action who purchased their new vehicle directly from a Honda dealer may claim a supplemental compensation. For the purpose of this compensation, demonstrator vehicles purchased from the dealer are considered “new”, while leased vehicles purchased from the dealer are not. To claim this compensation, class members will have to confirm that they would not have purchased their vehicle, or that they would not have paid the same price, if they had known about the peeling paint problem.

13. What kind of documents will I have to submit in support of my claim?
The supporting documents required for each type of claim will be detailed by the claims administrator in the claims forms. The claims forms will be made available on the settlement website after the settlement is approved by the Court.

14. How much will I receive?
The claims administrator will determine the amount of your compensation based on the number of parts of the vehicle affected by peeling paint, the age of your vehicle, and the total number of claims made by members of the class action. The amount of your compensation will be determined by the claims administrator by reference to the Final Value Matrix at the end of the claims period, in accordance to the settlement agreement.

15. How will I know if I can receive a compensation?
You eligibility to receive a compensation will be determined by the claims administrator after you have sent your claim form and the supporting documents. If you disagree with the claims administrator’s decision, it will be possible to have it reviewed by submitting a request to that effect in writing.

16. When will I have to send a claim?
The claims period will start after the settlement is approved by the Court. If the settlement is approved, you should be able to send your claim in the late summer or early fall of 2022. The exact date of the beginning of the claims period will by indicated on the settlement website at https://www.CivicCSXpaintClassAction.ca in the weeks following the approval of the settlement by the Court.

17. How will I apply for a compensation?
You will need to complete and send a claim form with supporting documents to the claims administrator. Claims forms will be posted on the settlement website at https://www.CivicCSXpaintClassAction.ca iat the start of the claims period, in the late summer or early fall of 2022.

18. When will I receive a compensation?
Considering the various steps to be undertaken to finalize the approval of the settlement, and the duration of the claims period, we currently expect that compensations will be issued in the spring or summer of 2023.

19. How were the amounts determined for the compensation?
Several different factors were taken into account in determining the amounts applicable to the various forms of compensation, including:

• The cost of paint repairs
• The age and depreciation of the vehicles
• The global amounts granted by the Courts in litigation involving paint peeling on Civic and CSX vehicles
• The probable duration of a class action, including subsequent appeals, should the case go to trial
• The reasonable mutual compromises in the settlement negotiation process

20. Can I make a claim in the class action and claim an additional amount before the small claims court?
No.

21. What are the benefits of the class action compared to a claim before the small claims court?
The claims process for class action members under the settlement agreement is simpler than managing a litigation before the courts, even the small claims court. The evidence required to make a claim in the class action settlement is clearly identified and easy to obtain for most members of the class action. The management of claims by a claims administrator considerably diminishes the inconveniences of litigating the claims before the courts (ex.: risks of errors in the preparing and pleading the claim before the courts, loss of workdays to attend hearings, etc.).

22. Can I opt-out of the class action after the opt-out date?
No. If you wish to opt-out of the class action after the opting-out period determined by the court, which ends on June 17, 2022, you must file a motion to that effect before the Superior Court. Class counsel will not assist you in filing that motion, although you can retain independent legal counsel to assist you.

23. Can I make a claim if I live in Quebec but purchased my car in another province?
No. You must have purchased your vehicle in Quebec to be eligible to make a claim under the class action settlement.

24. Who are the lawyers representing the members of the class action?
Class members are represented by attorneys Eric Cloutier and Eric Bertrand, of CBL & Associates law office, and Benoit Gamache, of CBG law office.