A British Columbia court has allowed a certified class- action suit to proceed against Nissan Canada and Nissan North America stemming from allegedly defective timing chains on about 64,000 vehicles.
The provincial Court of Appeal found sufficient evidence for claims of negligent design, manufacturing and sales, misrepresentation, and consumer protection violations to go forward.
Writing for a unanimous panel, Justice Susan Griffin said, “The evidence is that in the time frame covered by the proposed class, Nissan vehicles experienced higher-than-expected warranty claims related to the timing chain mechanisms and issued a series of Technical Service Bulletins [TSBs] to dealerships, qualified technicians and Transport Canada, addressing issues with the timing chain mechanisms.
However, the court cited testimony from Mueller, a second person who purchased a used Nissan vehicle and a certified automotive service technician supporting the allegations that the vehicles were defective. The suit also contends that Nissan’s alleged failure to warn new-vehicle buyers misrepresented that the vehicles were safe and that purchasers wouldn’t have bought their vehicles if they had been aware of the misrepresentation.
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