English 
French Ongoing class actions
CONSTANTIN SULTANA v. TOYOTA CANADA INC.
TOYOTA AND LEXUS - HYBRID WIRING SYSTEM
We are pleased to announce that following the hearing on the Application to authorize the bringing of a class action and to appoint the applicant as representative plaintiff which took place on May 1, 2023, the parties entered into negotiations which resulted in a Settlement for all members of the class in Canada. The Parties agree that the settlement provided for herein is fair, reasonable, adequate and in the best interests of the Parties and Members.
Latest News
Good news.
The court has approved the settlement between the plaintiff and Toyota Canada.
The cable warranty is extended and members who have already paid to replace it will be reimbursed.
Procedures and judgments
PROCEDURES
- Motion for leave to amend the re-amended motion for authorization to institute a class action (in French).
- Re-reamended motion for authorization to institute a class action. for settlement purposes only (in French).
- Request for approval of notices to members before the hearing for approval of a transaction (in French).
JUDGMENTS
- Judgment on a request for authorization to bring a class action for settlement purposes and for approval of notices to members (in French )
- Judgment on approval of a transaction. (in French )
Summary of the class action
What is it about ?
This is a settlement reached following the filing of the Application to authorize the bringing of a class action against Toyota Canada.
The Application for Authorization alleges that certain Toyota and Lexus vehicles from model years 2019 to 2022 have a latent defect in the hybrid wiring system, causing premature corrosion and failure in some cases.
The settlement reached between the parties is made without any admission of liability on the part of Toyota or its subsidiaries.
None of the obligations, of any nature assumed by Toyota and Toyota’s Lawyers in execution of the Transaction constitute an admission of liability of Toyota, nor can consent in any way be of Toyota upon the conclusion of the Transaction or the Court enters the Judgment authorizing the notice schedule and the Judgment approving the transaction.
Class members are
“Any individual, corporation, partnership or association that owns or leases, or has owned or leased, the following Toyota vehicles in Canada:
- Highlander hybrid 2020-2022,
- RAV4 hybrid 2019-2022, RAV4 Prime 2021-2022
- Venza hybrid 2021-2022
- Sienna hybrid 2021-2022
Or the past or present owner or lessee of the following Lexus vehicle:
- NX350h hybride et NX450h[+] plug-in hybrid 2022.
The central issue of the Settlement is the extension by Toyota of the warranty for the HV Floor Under Wire Harness and Rear Traction Motor Cable Corrosion.
Initial limited warranty was for 3 years or 60,000 km (whichever comes first) and for Lexus’ New Vehicle Limited Warranty for 4 years or 80,000 km (whichever comes first). Toyota and Lexus are now extending the warranty coverage for repairs related to excessive corrosion to the wire harness connections at the Rear Motor Generator.
According to the settlement the Warranty Coverage extension is now 8 years from the date of first use or 160,000 Km, whichever comes first.
Under the terms of the WEP, any repairs required on a subject vehicle due to the alleged issue shall be performed free of charge by TCI. Members who have previously paid for such repairs before the release of this WEP, may be eligible for reimbursement even if the repair was performed by another dealer or an aftermarket shop.
The settlement must be approved by the Court to be valid. On September 9, 2024 , the parties will request approval of the Settlement for Members as they consider it to be in their interest.
If the Settlement is approved, individuals who meet the definition of a covered member set out above will benefit from the terms of the Settlement.
Already, Toyota Canada has expanded and publicized the Warranty Enhancement Program to all eligible Members. To view the Notice of Settlement Approval Hearing and your rights regarding this hearing, click here. The hearing on the approval of the Settlement will be held at the Montreal Courthouse, room 15.04, at 1 Notre-Dame Est, in Montreal, and by Teams via this link on September 9 2024, at 9h30 AM.
OPTING OUT
If you do not wish to be bound by this settlement and to exclude yourself from the class for any reason, you may do so by following the steps described in the Notice of Settlement Approval Hearing.
OBJECTION TO THE SETTLEMENT
Also, if you wish to object and do not agree with this settlement you can present your arguments to the court in the manner described in the Notice of Settlement Approval Hearing.