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Summary of the Proceedings
On September 8, 2014, Harrison Pensa LLP issued a Statement of Claim on behalf of all persons in Canada who purchased or leased a Class Vehicle outfitted with a MaxxForce EGR Engine. Class Vehicles consist of Navistar International brand vehicles whose model years are from 2008 through 2013 and that have been outfitted with MaxxForce EGR Engines.
The proposed class action alleges that the emissions system embedded into the MaxxForce EGR Engine is inherently defective. The action alleges that the MaxxForce EGR Engine generates more heat within the engine than the engine can withstand (the “Defect”). The excess heat and pressure generated allegedly leads to broken valves and exhaust leaks that melt and destroy certain engine components. As a result, the engine’s computer systems are forced to shut the engine down.
The Defect leads to sudden and frequent breakdowns, forcing trucks to attempt emergency maneuvers to pull off to the side of the road. The Defect can also cause coolant and exhaust fumes to enter the passenger compartment of the Navistar trucks, causing a risk of poisoning to the driver and other occupants.
The action seeks to recover the losses and damages that class members have suffered as a result of the defective MaxxForce EGR Engines.
Status of the Proceedings
This matter has been filed in Milton, Ontario. The Certification Motion has not yet been scheduled. Further information will be posted as this matter proceeds.