Hyundai/Kia Vehicle Defect Class Actions

Hyundai/Kia Vehicle Defect Class Actions

Your Hyundai or Kia vehicle may be part of one or more of the below actions. Please read each of the following linked webpages carefully.

• Hyundai/Kia Gamma 1.6L and Nu 2.0L GDI Engine and Theta II 2.4L MPI Engine Class Action;
• Hyundai/Kia Electrical Fire Defect Class Action;
• Hyundai/Kia Oil Consumption DefectClass Action; and,
• Settled Hyundai/Kia 2.0L and 2.4L Theta II GDI Engine Class Actions.

Hyundai/Kia Gamma 1.6L and Nu 2.0L GDI Engine and Theta II 2.4L MPI Engine Class Action

Update: May 23, 2023

McKenzie Lake Lawyers LLP, along with Strosberg Sasso Sutts LLP, is pursuing a class action on behalf of all persons, corporations or other entities resident in Canada who are current or former owners and/or lessees of one or more of the below-listed Hyundai or Kia vehicles with a Gamma 1.6-litre GDI engine, a Nu 2.0-litre GDI engine, or a Theta II MPI engine. The action alleges that these vehicles have a latent engine defect that can result in sudden engine seizure, engine failure, and/or a non-collision engine fire.

This action is still in the early stages.

If your vehicle appears in the table above and has a Gamma 1.6-litre GDI engine, a Nu 2.0-litre GDI engine, or a Theta II MPI engine, and you would like to be added to our database of potential class members (to receive important updates and notices), please email hyundaikia@mckenzielake.com with all of the following information:

• your current contact information (full mailing address, telephone number, etc.);
• your vehicle information (including its exact engine type and size);
• your vehicle’s VIN (please double check to ensure that all 17 characters are correct); and,
• a brief description of your experience with this engine defect, including relevant dates.

Please note that class actions can take several years to advance through the courts. Once we receive your information, there is nothing further you need to do at this time. We will update our database with your information and will contact you directly if there is anything further that we need from you. In the meantime, we ask that you keep all documentation regarding your vehicle and any engine-related repairs, including all rental vehicle receipts, as these documents may be required further down the road. If your contact information changes, please update us accordingly by sending an email to hyundaikia@mckenzielake.com.

All important updates regarding the status of this lawsuit will be posted here. We invite you to check this webpage for updates periodically.

The frustration with getting important replacement parts is a shared experience. Sadly, there is nothing we can do to expedite the process on your behalf. We are hopeful that this class action puts some pressure on these manufacturers to better respond and take care of their customers. You may need to reach out to Hyundai Canada/Kia Canada directly to discuss your issues with your vehicle and dealership.

Documents:

• Fresh as Amended Statement of Claim, filed May 23, 2023
• Consolidation Order, dated April 18, 2023

Hyundai/Kia Electrical Fire Defect Class Action

McKenzie Lake Lawyers LLP, along with Garcha & Company, is pursuing a class action on behalf of all persons, corporations or other entities who purchased or leased one or more of the below-listed Hyundai or Kia vehicles in Canada (excluding residents of Quebec). The action alleges that these vehicles have a latent defect in their anti-lock brake system (ABS) control module (also referred to as a hydraulic electronic control unit or “HECU”) that can result in engine compartment fires and the loss of ABS functionality.

This action is still in the early stages.

If your vehicle appears in the table above and you would like to be added to our database of potential class members (to receive important updates and notices), please email hyundaikia@mckenzielake.com with all of the following information:

• your current contact information (full mailing address, telephone number, etc.);
• your vehicle information (including its exact engine type and size);
• your vehicle’s VIN (please double check to ensure that all 17 characters are correct); and,
• a brief description of your experience with this defect, including relevant dates.

Please note that class actions can take several years to advance through the courts. Once we receive your information, there is nothing further you need to do at this time. We will update our database with your information and will contact you directly if there is anything further that we need from you. In the meantime, we ask that you keep all documentation regarding your vehicle and any repairs, including all rental vehicle receipts, as these documents may be required further down the road. If your contact information changes, please update us accordingly by sending an email to hyundaikia@mckenzielake.com.

All important updates regarding the status of this lawsuit will be posted here. We invite you to check this webpage for updates periodically.

Documents:

• Amended Notice of Civil Claim, filed October 4, 2023 

Hyundai/Kia Oil Consumption Defect Class Action

McKenzie Lake Lawyers LLP, along with Garcha & Company, is pursuing a class action on behalf of all persons, corporations or other entities who purchased or leased one or more of the below-listed Hyundai or Kia vehicles in Canada (excluding residents of Quebec). The action alleges that these vehicles have a latent design and/or manufacturing defect that could result in excessive engine oil consumption and lead to sudden and unexpected engine staling, loss of power, and catastrophic engine failure.

This action is still in the early stages.

If your vehicle appears in the table above and you would like to be added to our database of potential class members (to receive important updates and notices), please email hyundaikia@mckenzielake.com with all of the following information:

• your current contact information (full mailing address, telephone number, etc.);
• your vehicle information (including its exact engine type and size);
• your vehicle’s VIN (please double check to ensure that all 17 characters are correct); and,
• a brief description of your experience with this defect, including relevant dates.

Please note that class actions can take several years to advance through the courts. Once we receive your information, there is nothing further you need to do at this time. We will update our database with your information and will contact you directly if there is anything further that we need from you. In the meantime, we ask that you keep all documentation regarding your vehicle and any repairs, including all rental vehicle receipts, as these documents may be required further down the road. If your contact information changes, please update us accordingly by sending an email to hyundaikia@mckenzielake.com.

All important updates regarding the status of this lawsuit will be posted here. We invite you to check this webpage for updates periodically.

Documents:

• Notice of Civil Claim, filed July 8, 2022

Hyundai/Kia 2.0L and 2.4L Theta II GDI Engine Class Actions

Update: February 14, 2023

If you own or lease one of the below-listed Hyundai or Kia vehicles with a Theta II 2.0-litre or 2.4-litre GDI engine, your vehicle may be part of these now-settled class actions. Although the claims deadline (July 19, 2021) has passed and these actions have now been discontinued, if your vehicle received the KSDS software update, you may still be eligible for the Lifetime Warranty that was part of the settlement.

The Lifetime Warranty applies to any type of repair, replacement, diagnosis, or inspection of the vehicle’s short block assembly (consisting of the engine block, crankshaft and bearings, connecting rods and bearings, and pistons) due to a connecting rod bearing failure or symptoms associated with connecting rod bearing failure, except in the event of Exceptional Neglect.

For more information about the Lifetime Warranty, please read the Settlement Agreement and/or the applicable informational pamphlet prepared as part of the settlement:

• Hyundai 2.0L and 2.4L Theta II GDI Engine Informational Pamphlet (English);
• Brochure d’informations sur le moteur IDE Theta II de 2,0 litres ou de 2,4 litres de votre véhicule Hyundai (Français)
• Kia 2.0L and 2.4L Theta II GDI Engine Informational Pamphlet (English);
• Brochure d’informations sur le moteur IDE Theta II de 2,0 litres ou de 2,4 litres de votre véhicule Kia (Français)
• Settlement Agreement (disponible en anglais seulement)

Other Documents:

• Discontinuance Order in the McBain Action (Hyundai)
• Discontinuance Order in the Asselstine Action (Kia)
• Notice of Settlement Approval (Hyundai)
• Notice of Settlement Approval (Kia)
• Reasons for Decision (Settlement Approval) of Justice Glustein of the Ontario Superior Court of Justice, dated March 9, 2021
• Settlement Approval Order, dated March 9, 2021
• Certification for Settlement Purposes and Notice Approval Order in the McBain Action, dated November 5, 2020
• Certification for Settlement Purposes and Notice Approval Order in the Asselstine Action, dated November 5, 2020
• Statement of Claim in the McBain Action (Hyundai), issued June 10, 2019
• Statement of Claim in the Asselstine Action (Kia), issued June 27, 2019