The statements below are Merchant Law Group’s account of this case. They reflect allegations or the firm’s position and have not been determined by a court unless a settlement or judgment is noted.
Settlement Update
Merchant Law Group LLP, together with Koskie Minsky LLP and Lenczner Slaght Royce Smith Griffin LLP, is pleased to announce that a proposed settlement has been reached with Nissan Canada Inc. (“Nissan”). The proposed settlement must be approved by the court before any compensation is made available. The application for approval of the Settlement has been postponed and will not proceed on October 2, 2026 at the Court in the City of New Westminster, 651 Carnarvon St, as previously scheduled, it will now be heard on November 12, 2026 at 10am. At this hearing, the Court will determine whether the Settlement is fair, reasonable and in the best interests of the Class Members.
Source: Merchant Law Group
About This Case
A class action settlement has been reached between the parties in [name withheld] v. Nissan Canada Inc. and Nissan North America, Inc. (New Westminster Registry, No. S195075) (the “Action”). The Supreme Court of British Columbia certified the class action, which was brought on behalf of class members across Canada. The proposed settlement is a compromise of disputed claims and is not an admission of liability, wrongdoing, or fault by the defendants. The settlement is subject to approval by the Supreme Court of British Columbia.
Source: Merchant Law Group
Who May Be Eligible
All residents of Canada who own or have owned, or lease or have leased, one or more of the following Subject Vehicles (listed below) affected by the alleged timing chain tensioning system defect asserted by [name withheld] in [name withheld] v. Nissan Canada Inc. (New Westminster Registry, No. S195075) (“Class Members”). The Subject Vehicles are as follows: Model Model Years (Inclusive) Nissan Maxima 2004-2008 Nissan Quest 2004-2009 Nissan Altima (with the VQ35 engine) 2004-2006 Nissan Pathfinder 2005-2007 Nissan Xterra 2005-2007 Nissan Frontier (with the VQ40 engine) 2005-2007
Source: Merchant Law Group
Frequently Asked Questions
What is a class action?
A class action is a lawsuit which provides a method for a large group of people with common claims to join together to advance one large claim. Class actions are a more efficient and cost-effective way for groups of people with common claims to gain access to the legal system and seek justice.
What does certification mean?
In order for an action to proceed as a class action, the court must determine whether it is appropriate for the case to be treated as a class action. Some of the factors the courts consider are the extent to which the claims of the class members are common, and whether a class action is preferable to other methods (such as individual actions) of advancing the issues. The decision as to whether a class action should be certified takes place at a certification hearing and is decided by a judge. If certified, a representative plaintiff will advance the action on behalf of all of the class members.
How do I know if I am a Class Member?
The certification order will always contain a description of who is a class member. We post the certification orders in our actions so that you can review them. You do not need to “sign up” to become involved in a class action. If you are included in the class description, you are automatically a class member who will be affected by the outcome of the class action unless you decide to “opt out”.
Are Class Members notified of the certification of the class proceeding?
Yes. After the claim has been certified, the court will authorize notice to be given to the members of the class.
Can I opt out of a class action and pursue independent legal action?
Yes. When a class action is certified, class members are always given an opportunity to opt out of the action. A deadline is imposed for opting out. If you do not opt out by the given deadline, class members will be bound by the outcome of the class action, whether it is successful or unsuccessful. If you opt out, you will not receive any benefit if the action is successful.
Will there be any cost to class members for legal fees?
Typically, class actions are handled on a contingency fee basis, which means that the class action lawyers will be paid only if the class action is successful at trial or settled. In that case, class counsel fees may be paid by the defendants or out of the settlement or judgment proceeds as approved by the court. In addition, the plaintiff may seek funding assistance from the Class Proceeding Fund in Ontario which, if funding is granted, may provide funding for disbursements.
I still have questions…
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Source: Merchant Law Group
Disclaimer: This information is sourced from Merchant Law Group. It is provided for general information only and does not constitute legal advice. Always verify details with the original source before taking any action.
Legal disclaimer: Information on this page is general in nature and does not constitute legal advice. ClaimBar tracks class action settlements and provides updates. Always seek professional legal advice for your specific circumstances.
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