Mr Wilson
05-13-2010, 10:02 AM
"Canadian Alisha Koubi leased a 2006 Mazda3, then discovered that a locked driver's door could be opened by giving it a shoulder check. Reports say that at the same time she was reading about Mazda3s being broken into in a way that left dents above the driver's door, she was reading Mazda promotional material touting the safety and quality of the company's products. Her car was never broken into, but she decided to sue Mazda for selling "an unfit product for profit," and the case has just been granted class-action status in British Columbia.
Because the lawsuit isn't based on actual loss but the more nebulous idea of a breach of commercial duty, Koubi and her attorney want damages to be assessed based on Mazda's profits from all the Mazda3s sold and leased from 2004 to 2007. That covers 19,909 cars.
Mazda asserts that the door issue wasn't a defect. The company didn't publicize the issue, claiming it was afraid that would increase break-in rates, but it did add a reinforcement plate for any drivers that requested it on those cars and redesigned the lock on the next generation. No word on when it will go to trial, but similar lawsuits have also been launched in Quebec and Ontario."
Autoblog (http://www.autoblog.com/2010/05/13/mazda-canada-shoulder-checked-with-class-action-lawsuit-over-bum/)
The B.C. Supreme Court has certified a class-action lawsuit against Mazda Canada and its network of B.C. auto dealers for an alleged faulty door lock.
The lawsuit was launched by Alisha Koubi of Port Coquitlam on behalf of all owners or lessees of 19,909 Mazda 3 vehicles sold in B.C. between 2004 and 2007.
The lawsuit claims a defective lock mechanism allows the generation of Mazda 3 model vehicles in question to be broken into easily with just a soft shoulder check to the driver's side door.
Koubi's lawyer Jim Hanson said a number of questions will be examined at the trial.
"Was the car defective? Did Mazda make representations about the car that weren't true? Did they do so knowingly? And when did they learn that the representations weren't true?"
In the lawsuit, Koubi says she would not have leased a Mazda 3 had she known about the problem.
Hanson said the judgment is unusual in that it may be possible to obtain an award of damages that is calculated not according to the losses suffered, but according to the profit made by Mazda when it sold the vehicles.
Mazda Canada spokesman Gregory Young argues the issue is not a defect.
However, the company did introduce a steel plate as reinforcement for the locks for those owners who complained.
The problem has been fixed in newer generations of the Mazda 3 car.
"Right now, we're reviewing the judgment and once that is done, we'll make a decision on how we'll proceed further," Young said.
Similar lawsuits have also been launched in Quebec and Ontario.
No date has been decided on when the lawsuit will go to trial.
CBC (http://www.cbc.ca/canada/british-columbia/story/2010/05/07/bc-mazda-lawsuit.html)
Because the lawsuit isn't based on actual loss but the more nebulous idea of a breach of commercial duty, Koubi and her attorney want damages to be assessed based on Mazda's profits from all the Mazda3s sold and leased from 2004 to 2007. That covers 19,909 cars.
Mazda asserts that the door issue wasn't a defect. The company didn't publicize the issue, claiming it was afraid that would increase break-in rates, but it did add a reinforcement plate for any drivers that requested it on those cars and redesigned the lock on the next generation. No word on when it will go to trial, but similar lawsuits have also been launched in Quebec and Ontario."
Autoblog (http://www.autoblog.com/2010/05/13/mazda-canada-shoulder-checked-with-class-action-lawsuit-over-bum/)
The B.C. Supreme Court has certified a class-action lawsuit against Mazda Canada and its network of B.C. auto dealers for an alleged faulty door lock.
The lawsuit was launched by Alisha Koubi of Port Coquitlam on behalf of all owners or lessees of 19,909 Mazda 3 vehicles sold in B.C. between 2004 and 2007.
The lawsuit claims a defective lock mechanism allows the generation of Mazda 3 model vehicles in question to be broken into easily with just a soft shoulder check to the driver's side door.
Koubi's lawyer Jim Hanson said a number of questions will be examined at the trial.
"Was the car defective? Did Mazda make representations about the car that weren't true? Did they do so knowingly? And when did they learn that the representations weren't true?"
In the lawsuit, Koubi says she would not have leased a Mazda 3 had she known about the problem.
Hanson said the judgment is unusual in that it may be possible to obtain an award of damages that is calculated not according to the losses suffered, but according to the profit made by Mazda when it sold the vehicles.
Mazda Canada spokesman Gregory Young argues the issue is not a defect.
However, the company did introduce a steel plate as reinforcement for the locks for those owners who complained.
The problem has been fixed in newer generations of the Mazda 3 car.
"Right now, we're reviewing the judgment and once that is done, we'll make a decision on how we'll proceed further," Young said.
Similar lawsuits have also been launched in Quebec and Ontario.
No date has been decided on when the lawsuit will go to trial.
CBC (http://www.cbc.ca/canada/british-columbia/story/2010/05/07/bc-mazda-lawsuit.html)