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. An application for approval of the Settlement will be heard by the Court in the City of New Westminster, at 651 Carnarvon St, on October 2, 2026, at 10:00 a.m. At this hearing, the Court will determine whether the Settlement is fair, reasonable and in the best interests of the Class Members.
More information can be found on the settlement website (https://canadiantimingchainsettlement.ca/) or in the Long Form Notice available for download under the Documents Tab. For more information, please call 866-335-0489 or email nissantimingchain@merchantlaw.com.
A class action settlement has been reached between the parties in Tobias Mueller 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.
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 Tobias Mueller in Mueller 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 |
Opt-Out: If you do not want to participate in the Action, you must complete and send an Opt-Out Form by September 25, 2026 (the “Opt-Out Deadline”). If you Opt-Out by the Opt-Out Deadline, you may be able to bring your own lawsuit against Nissan, but you will not be entitled to participate in the Settlement. Opt-Out Forms are available from the settlement website: https://canadiantimingchainsettlement.ca/. All Class Members will be bound by the terms of the Settlement, unless they opt out of this Class Action.
Object: If you wish to keep being included in the Action but would like to voice your objections. At the approval hearings, the Court will consider objections to the Settlement by the Class Members if the objections are submitted in writing, by prepaid mail or email to the Class Counsel’s address below postmarked no later than September 25, 2026.
A written objection should include the following information:
Do Nothing: If you would like to stay in the Class Action and do not wish to object to it.
March 8, 2023 — On December 12, 2022, Nissan filed an application for leave to appeal the British Columbia Court of Appeal’s decision to the Supreme Court of Canada. The plaintiff has filed a response to the application for leave to appeal.
October 5, 2022 — The British Columbia Court of Appeal upheld the decision to certify the action as a class proceeding. The appeal decision can be found here.
April 8, 2022 — Nissan appealed the certification decision. The appeal was heard on April 8, 2022. The decision was reserved and has yet to be released.
March 1, 2021 — On March 1, 2021, the action was certified as a class proceeding in British Columbia. The certification decision can be found here.
February 1, 2021 — In February 2021, Merchant Law Group LLP entered into a consortium with Koskie Minsky and Lenczner Slaght, who were acting for a proposed national class in Ontario, to prosecute the class action together.
August 24, 2026 – Long Form Notice
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… Please feel free to contact us using the contact information below.
Toll-free: 866-335-0489