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General Motors Corporation and General Motors of Canada Ltd

Updated - September 10, 2008

Stewart v. General Motors

A proposed settlement of this national class action has been reached with General Motors with respect to the cost of repairs to certain General Motors vehicles as a result of the failure of nylon intake manifold gaskets, intake manifolds, upper intake manifold gaskets or throttle body gaskets (the “Settlement”).

Please visit www.gmcanadiansettlement.ca for more details.

On October 14, 2008 the Ontario Superior Court of Justice in Toronto will determine whether to certify the class action for settlement purposes and to approve of the Settlement, including class counsel fees, and to inform potential class members of their rights. Notice of such hearing will be placed in various major newspapers across the Country on September 13, 2008. The Notice of Proposed Certification and Settlement Approval can be viewed here.

A similar hearing in Quebec will be scheduled shortly and a similar notice will be published in Quebec. A comparable settlement is proposed in the United States as well.

The proposed Settlement does not constitute any admission of liability by GM who denies the plaintiffs' allegations.

The Settlement proposes that individuals who own(ed) or lease(d) a Qualifying Vehicle (certain GM 1995-2004 model year vehicles), and who paid for a Qualifying Repair (Intake manifold gasket, intake manifold, upper intake manifold gasket, lower intake manifold gasket or throttle body gasket replacement or other related repairs) may be eligible to receive reimbursement for the Qualifying Repair as follows:

Age of Qualifying Vehicle at the Time the Qualifying Repair was Performed Maximum Amount of Reimbursement
1 to 5 years $400
6 years $100
7 years $50

As well, a class member who is eligible to receive cash payment in the 1-5 year category above may opt to instead receive 40% of the eligible repair expense, up to a maximum of $800, if the class member submits Proof of Internal Leak Repair Expense showing a repair costing over $1,500 due to a diagnosed internal coolant leak.

Should the court approve the settlement, a Final Notice of Certification and Settlement shall be published. At that point, class members will have until April 30, 2009 to submit a claim, which includes all necessary information and documentation as set out in Claim Form (Proof of Expenditure and Proof of Ownership), which will be posted on www.gmcanadiansettlement.ca should the court approve the settlement. You will also have until November 30, 2008 to opt-out of the Settlement in order, for example, to pursue an individual claim against General Motors.

At the hearing on October 14, the Court will consider class members' objections to the proposed Settlement, including class counsel fees. Written objections must be mailed or emailed to the Claims Administrator and received no later than 5:00 p.m. on October 10, 2008 at the address listed below:

GM Claims Administrator
c/o Crawford Class Action Services
3-505, 133 Weber St. N.
Waterloo ON N2J 3G9
Telephone 1 866 640 9989
Fax 519 578 7739
gmsettlement@crawco.ca
www.gmcanadiansettlement.ca

Class members who wish to object to the proposed Settlement shall include in their written objection the following information:

  1. the person's name, address, telephone number, fax number and e-mail address;
  2. a brief statement of the nature of and reasons for the objection;
  3. a statement or documents establishing that the person is a National Class Member;
  4. whether the person, or a representative, intends to appear at the Court hearing in person or by counsel, and if by counsel, the name, address, telephone number, fax number and e-mail address of counsel.

View a copy of the Settlement Agreement and Qualifying Vehicle lists (Engine Group A and Engine Group B) here:

For more information on Qualifying Vehicles, Qualifying Repairs, the Settlement and how to make a claim, please visit www.gmcanadiansettlement.ca, or contact Crawford Class Action Services, the Claims Administrator, at 1-866-640-9989 or gmsettlement@crawco.ca.

Overview and Summary of the Class Action

Koskie Minsky LLP, Colin Stevenson and Harvin Pitch act together for the plaintiffs in a proposed national class action against General Motors of Canada Limited and General Motors Corporation. The claim alleges that the defendants manufactured, in the 1995-2004 model years, motor vehicles with a defective intake manifold gasket (IMG).

The IMG regulates the flow of air and fuel into the cylinder. The allegation is that the IMG degrades prematurely causing coolant to leak into the engine. In particular, the plastic used to manufacture the IMG facilitated corrosion because it permitted leakage from the coolant system. The IMG did not properly seal the engine, causing leaks to occur. Among other consequences, the coolant mixes with engine oil making the oil ineffective and damaging the engine. In some cases engines overheat and seize completely, creating a danger to the operator and occupants and requiring complete engine replacements.

Plaintiffs' counsel has teamed up with counsel across the country to advance similar claims in most provinces.

Since the national claim was commenced in Ontario there has been an outpouring of interest by affected consumers across the country. We have assembled a national team of law firms to pursue this claim vigorously on your behalf. The following is the list of lawyers working with us, together with their websites and email addresses. For those of you who have already sent us information, we will forward it to the appropriate lawyers. If you have not yet completed the questionnaire and remitted it, you may send it to us or to your local law firm:

British Columbia Ward Branch
Branch MacMaster
www.branmac.com
Alberta C. Kenneth W. Kolthammer
Kolthammer Batchelor & Laidlaw LLP
www.kolthammer.com
Saskatchewan William A. Selnes
Kapoor, Selnes, Klimm & Brown
kapoor.selnes.law@sasktel.net
Manitoba Wayne P. Forbes
Pollock & Company
www.pollockandcompany.com
Ontario Colin P. Stevenson LLP
Stevensons LLP
www.stevensonlaw.net
Quebec Pierre Sylvestre
Sylvestre Fafard Painchaud
c/o www.stevensonlaw.net
Nova Scotia Jason P. Gavras
Gavras Slone Lenehan
jgavras@eastlink.ca
New Brunswick Howard A. Spalding, Q.C.
Barry Spalding
www.barryspalding.com
P.E.I. Paul J. D. Mullin, QC pjd.dmullin@pei.aibn.com
Newfoundland and Labrador Geoffrey Aylward
Aylward, Chislett & Whitten
www.acwlaw.ca
Other jurisdictions bkirkland@stevensonlaw.net

View the claims issued to date:

British Columbia, Alberta, Manitoba, Ontario, New Brunswick, Nova Scotia, Newfoundland.

This action is proceeding on a contingency fee basis. Class members will not be required to pay any legal fees to the class action lawyers unless the class action is successful at trial or settled (on favourable terms to class members). The Court must approve any settlement and the amount and division of any legal fees paid to counsel.

If the action is certified, persons who do not wish to pursue their claims against the defendants or wish to pursue their claims on an individual basis may opt out of the class action and commence individual claims at their own expense.

For the latest news and to complete our questionnaire, visit our dedicated website at www.gmcanadianclassaction.ca

Important Note:

This website has been developed to provide general information to potential class members.

The site is not designed to answer questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as a substitute for individual legal advice.

The information collected about potential class members will assist counsel in prosecuting the class action and assessing what damages were suffered by the class as a whole. Providing the information requested does not make you a client. The court will ultimately decide who will be included as a class member.

This website will be updated from time to time to provide potential class members with information as it becomes available.

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