A deal has been proposed in class action lawsuits in Ontario and Québec against Ford Motor Company and Ford Motor Company of Canada alleging that exhaust odor may enter the passenger compartment of the 2011-2015 Ford Explorers sold and leased in Canada. The so-called “Class Vehicles” are allegedly defective. It’s a dream settlement for Ford in Canada, as it turns out in the U.S. with far more numerous owners, and Mexico.
The suit in Ontario also alleges these defects exist in 2011-2013 Ford Edge and 2011-2013 Lincoln MKX vehicle models (so-called “Excluded Vehicles”).
If the Settlement is approved by the Ontario and Québec Courts, and if an owner submits a valid claim form and the required supporting documentation, Ford will reimburse certain out-of-pocket expenses incurred for repairs to address exhaust odor.
Out-of-pocket expenses eligible for reimbursement must have been incurred within the later of (1) 4 years / 85,000 kilometers after the Class Vehicle was placed in service (whichever comes first) and (2) 60 days after the Settlement becoming effective following court approval. The maximum available reimbursement amounts will be $230 or $655 per repair, depending on the nature of the repair. Ford will reimburse you for up to two such repairs per Class Vehicle.
Ford denies all allegations. The Ontario and Québec courts have not taken any position as to the truth or merits of the claims or defenses by either side. The Settlement resolves all the cases across Canada. The Settlement must be approved by the Courts in Ontario and Québec to become effective. A joint hearing before both Courts to consider whether to approve the Settlement will take place concurrently on: January 19, 2018 at 10:00 a.m.: Ontario Superior Court of Justice, 245 Windsor Ave, Windsor, ON; Superior Court of Québec, 1 Notre-Dame Street East, Montreal, PQ.
Ford said it is “aware” (for how long?) that some 2011-17 Explorer owners have concerns about exhaust or carbon monoxide. Ford claims its investigation has not found carbon monoxide levels that exceed what people are exposed to every day. As a sop, Ford is offering a complimentary service that “reduces the potential for exhaust to enter the vehicle.” Customers can take their vehicles, regardless of mileage or warranty status, to a Ford dealer to have this service performed, starting Nov. 1, 2017 through Dec. 31, 2018.
These Ford repairs for safety and quality problems involve about 1.3 million vehicles in the United States, 84,000 in Canada and 24,000 in Mexico. The Ford reference number for this service is 17N03. To reduce the potential for exhaust to enter the vehicle, dealers will reprogram the air conditioner, replace the liftgate drain valves and inspect sealing of the rear of the vehicle at no cost to the customer, which is required by U.S. law if a formal recall was enacted by the Department of Transportation. Customers with questions also can call a hotline at 888.260.5575. It’s presumably odor free.
