Toyota Access Program Class Action
1. What is the purpose of this proposed Settlement Agreement?
A class action lawsuit was initiated in British Columbia alleging that Toyota Canada, Inc., as defined in the Settlement Agreement, and Authorized Toyota Dealerships (“Toyota”) engaged in anticompetitive conduct through implementation of the “Access Program”. The lawsuit was certified as a class action. Toyota denies that it has violated any law, denies that it engaged in any and all wrongdoing, and denies that the Access Program was anticompetitive. The Court has not made any finding as to the truth or merits of the claims or defences asserted by either side. The allegations made by the plaintiffs have not been proven in court. Without any admission of liability or wrongdoing, a Settlement Agreement has been reached. If you would like a copy of the Settlement Agreement, click here.
2. Who is a class member?
All Canadian residents who purchased or leased a Toyota vehicle from an Authorized Toyota Dealership in British Columbia between June 12, 2002 and June 30, 2004 are class members.
3. How do I object to the settlement?
Please note, the deadline to object to the settlement, May 22, 2015, has passed.
Those who wished to comment or make an objection to the Settlement Agreement had to deliver a written submission to Class Counsel by May 22, 2015. Class Counsel forwarded such submissions to the appropriate court. Those wishing to object could also have appeared at the hearing and made their submissions orally.
4. What happened at the Approval Hearing?
In order for the settlement to become effective, it had to be approved by the Courts. A motion to approve this Settlement Agreement was heard by the Supreme Court of British Columbia in the City of Vancouver on May 29, 2015, at 10:00 a.m. At this hearing, the Court determined that the
Settlement Agreement is fair, reasonable, and in the best interests of Class Members. The Court also approved the fees of class counsel.
5. Can I opt out of the Settlement?
The deadline for opting out of the Settlement Agreement was September 4, 2015. Those who opted out will never be eligible to receive any compensation pursuant to the Toyota Access Program Class Action Settlement Agreement.
Opt Out Forms are no longer being accepted as the September 4, 2015 deadline has passed.
6. What does the Settlement provide?
Eligible Class Members who timely and validly complete Claim Forms will be mailed a Settlement Voucher of not more than CAD$125.00 good towards the purchase or lease of a new Toyota vehicle from an Authorized Toyota Dealership or, alternatively, towards Toyota products or services offered at an Authorized Toyota Dealership.
No Claimant may receive more than one Settlement Voucher per Eligible Transaction.
Eligible Claimants are permitted to transfer their Settlement Voucher to a third party.
No individual, Eligible Claimant, third parties or otherwise, may aggregate more than three Settlement Vouchers,unless the Eligible Claimant purchased multiple vehicles as part of Eligible Transactions.
Should the total amount of the settlement exceed CAD$4,900,000, each Settlement Voucher will be reduced pro rata.
Should the total amount of the settlement be valued below CAD$2,300,000, the difference between what is paid out to the Eligible Claimants, inclusive of any and all fees and costs associated with the settlement, and the minimum settlement value will be donated to the Law Foundation of BC.
7. When can I make a claim?
The claim submission deadline was November 3, 2015 which was 120 days from the date Notice of Settlement Approval was first disseminated to class members on July 6, 2015. Claim forms are no longer available.
8. Can I check the status of my claim?
Please email BCToyotasettlement@crawco.ca or call 1-877-453-8712.
9. When will I receive my Settlement Voucher?
The Claims Administrator will begin to mail or email Settlement Vouchers for timely, valid and approved Claims within 60 days after the claim deadline (60 days after November 3-2015 is January 4-2016) and shall use its best efforts to complete the distribution of Settlement Vouchers to Eligible Claimants within 90 days after the Claim Deadline (90 days after November 3, 2015 is February 4, 2016).
10. What else should I know about my Voucher?