Class Action Against Hyundai Auto Canada Corp., Hyundai Motor America, Hyundai Motor Manufacturing Alabama LLC, and Hyundai Motor Company Regarding Panoramic Sunroofs
Jensen Shawa Solomon Duguid Hawkes LLP has filed a proposed class action lawsuit in the Alberta Court of Queen’s Bench against Hyundai Auto Canada Corp., Hyundai Motor America, Hyundai Motor Manufacturing Alabama LLC, and Hyundai Motor Company.
In the Statement of Claim, the Plaintiff, on behalf of the proposed class, alleges that the panoramic sunroofs in certain Hyundai vehicles have a tendency to spontaneously shatter. The proposed class includes all persons resident anywhere in Canada who own, owned, lease or leased the following vehicles, equipped with the panoramic sunroof:
2013-2018 model year Hyundai Santa Fe Sport Vehicles;
2013-2018 model year Hyundai Sante Fe Vehicles;
2013-2018 model year Hyundai Elantra GT Vehicles;
2011-2018 model year Hyundai Sonata Vehicles;
2011-2018 model year Hyundai Tucson vehicles;
2011-2018 model year Hyundai Veloster vehicles.
Please note that this class action only pertains to Vehicles equipped with a Panoramic Sunroof. The class action does not relate to any other alleged defects, including any alleged engine defects. Any inquiries regarding alleged engine defects will not receive a response.
For further information on the specifics of the Claim:
Update
(March 13, 2023) The parties attended before the Court of Appeal on February 10, 2023, to speak to an appeal commenced by the Hyundai defendants. On March 13, 2023, the Court of Appeal released a Memorandum of Judgment (the "Judgment"). A copy of the Judgment can be accessed here.
The Court of Appeal allowed the appeal in part and determined that common issues regarding negligent misrepresentation, breaches of consumer protection legislation and implied warranty should not have been certified. Common issues relating to negligence and breach of express warranty were properly certified and can proceed to a common issues trial.
(September 17, 2021) - On September 17, 2021, the Court released Reasons for Decision regarding the Application for Certification made by the Plaintiff, Robb Engen. The Court certified the majority of the common issues proposed by the Plaintiff. A copy of the Reasons for Decision can be viewed here and can be downloaded in the files above.
For more information contact the lawyer(s) listed below or email classactions@jssbarristers.ca
Hyundai Class Action Registration
Speaking to a Lawyer
If you would like to speak to one of the lawyers involved in this action, please give us a call. The lawyers will answer your questions regarding this proposed class action at no cost to you.
Affected persons are encouraged to contact:
Gavin Price
(403) 571-0747
priceg@jssbarristers.ca
Kajal Ervin
(403) 571-0745
ervink@jssbarristers.ca