In April 2003, Mr Paul Miller served Kia Canada Inc. («Kia») with a Motion for the Authorization of a Class Action. In his Motion, Mr. Miller alleged inter alia that Kia falsely represented the horsepower of its vehicles model 2001 and 2002 Magentis. In September 2003, Justice Wilbrod Claude Décarie, j.s.c. authorized the class action and appointed Mr. Miller as the class representative.
As the file was ready for trial, a settlement was reached. This settlement is common with the Hyundai file and has been approved by Justice Kirkland Casgrain, j.s.c. in January 2007. All together, this settlement is valued at more than 7000000 $ and was concluded for the benefit of every person who has ever purchased and/or leased in the Province of Quebec a KIA 2001-2002 Magentis 2.4 Litre, 2002 Magentis 2.7 Litre V6 and/or 2001 Magentis 2.5 Litre V6.
The period to file a claim has now expired and class members who filed a claim form with Kia will either receive a check for the payment of the indemnity owed to them or a letter advising them of the refusal of their claim by the end of July 2007.
If your claim is refused, or if you believe that the settlement entitles you to a higher indemnity than the one paid to you by Kia, you have the right to request the review of the decision.
To do so, you must submit a written request to Class Counsel to consider the matter. After reviewing your written request, Class Counsel will make a preliminary determination as to whether your disagreement is well founded. If Class Counsel determines that your disagreement is well founded, Class Counsel will consult with Kia for the purpose of resolving your dispute. If such consultation does not result in your request for compensation being granted, or if Class Counsel is of the opinion that your disagreement is ill founded, you may seek an order from the Court requiring Hyundai or Kia to pay to you the compensation you requested. Class Counsel services will be provided to you at no charge.
In your written request to Class Counsel, you must state why you believe your claim for compensation ought to have been granted. Class Counsel's address is Belleau Lapointe / Trudel & Johnston, Recours collectif Hyundai / Kia, 306, Place d’Youville, Montreal, Quebec, H2Y 2B6.
Your written request to Class Counsel must be postmarked no later than September 17, 2007. If you do not meet that deadline, you will lose your right to dispute Kia’s decision regarding your claim.
The Superior Court approves the settlement and declares that it is fair and reasonable.
An Agreement in principle is reached.
The trial will take place between October 2 and October 12, 2007.
The case is inscribed for proof and hearing.
Kia files its defence with the Court.
A class action is filed with the Superior Court of Quebec against Kia.
The Superior Court of Quebec authorizes the class action against Kia.
A Motion for authorization to institute a class action against Kia is filed.