GM Ignition Switch Class Action

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Home | Oberski et al v. General Motors LLC and General Motors of Canada Company

The Claims

A national class action was commenced on behalf of all Canadian owners, operators, lessors and passengers of GM vehicles that were the subject of recalls for ignition switch and power steering defects.

The claim was brought by the family of Nick Baker, a Cornwall man who was just 22 years old when he lost control of his 2006 Saturn Ion, crossed the centre line and was involved in a head-on collision. The airbags did not deploy, and Nick was killed in the crash.

On March 31, 2014, 18 months following his fatal accident, Nick’s parents, Suzanne and Danny Baker, received a recall notice from GM. Nick’s vehicle was subject to an ignition switch recall, linked to at least 13 deaths in North America.

The class action alleges that GM Canada and other defendants knew of the problem with the ignition switches since at least 2001 but failed to do anything about it until 2014. GM was subject to a U.S. Congressional probe for its handling of the recall.

Russel Molot of Delaney’s Law Firm in Ottawa, who represents the Baker family, said that GM’s failure to implement a recall sooner, especially when replacing the ignition switch would have cost just 57 cents per vehicle, is inexcusable. “Given the timing of what should have been a much earlier recall, GM appears to have put their own interests ahead of their customers’ safety,” he said.

Another recall, issued on March 31, 2014, relates to dangerous power-steering defects which are also at issue. The claim alleges that the ignition switch and power-steering defects led to personal injury, wrongful death, psychological injury, property damage and economic loss. Punitive damages are also claimed.

The Class

All Persons resident in Canada other than Excluded Persons who, at any time on or before the Recall Announcement Date of the Recall(s) applicable to their Subject Vehicle(s), owned, purchased, and/or leased a Subject Vehicle in any of the provinces/territories in Canada. The Settlement Class is comprised of the four Subclasses, as defined below. For Subject Vehicles subject to both the Delta Ignition Switch Recall and the Electric Power Steering Recall, the date for determining Settlement Class membership shall be the later of the Recall Announcement Date for the Delta Ignition Switch Recall or the Electric Power Steering Recall.

“Subclasses” means each of the four subclasses as follows:

those Settlement Class Members who own(ed), purchased, and/or lease(d) a Subject Vehicle covered by the Delta Ignition Switch Recall (the “Delta Ignition Switch Subclass”),
those Settlement Class Members who own(ed), purchased, and/or lease(d) a Subject Vehicle covered by the Key Rotation Recall (the “Key Rotation Subclass”),
those Settlement Class Members who own(ed), purchased, and/or lease(d) a Subject Vehicle covered by the Camaro Knee-Key Recall (the “Camaro Knee-Key Subclass”), and those Settlement Class Members who own(ed), purchased, and/or lease(d) a Subject Vehicle covered by the Electric Power Steering Recall (the “Electric Power Steering Subclass”).
those Settlement Class Members with a Subject Vehicle covered by both the Delta Ignition Switch Recall and the Electric Power Steering Recall shall be members of both the Delta Ignition Switch Subclass and the Electric Power Steering Subclass and shall be eligible to receive settlement payments allocated to both Subclasses. Settlement Class Members with multiple Subject Vehicles shall be members of the Subclasses applicable to each of their respective Subject Vehicles.

“Subject Vehicles” means the GM motor vehicles subject to the Recalls as specifically defined by the VINs provided by GM to the Settlement Administrator. A general list of the make, model and model years of GM vehicles that may be subject to each Recall is attached to this Settlement Agreement as Schedule “A”. Since not all vehicles of a certain make, model or model year may have been subject to a Recall, only the VINs provided by GM to the Settlement Administrator for each make, model and model year GM vehicle are Subject Vehicles.

Updates

On April 10, 2014, the class action was commenced.
On May 15, 2024, the Ontario Superior Court of Justice and the Superior Court of Québec certified/authorized for settlement purposes the national class action and Quebec class action seeking compensation for economic loss claims by current and former owners or lessees of certain GM vehicles that were recalled in 2014. Claims deadline was June 6, 2025.

Documents

Joel Rochon

Managing Partner

Pritpal Mann

Associate

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GM Ignition Switch