News

Class Action Brought Against Subaru Over Excessive Oil Consumption in FB Engines

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A proposed class action has been commenced in Quebec against Subaru in respect of excessive oil consumption in certain Subaru vehicles. The lawsuit concerns Subaru vehicles equipped with what it calls a flat engine “Boxer” design know as the “FB” engine. The vehicles include the following:

2011 to 2014 Forester (2.5L)
2013 Legacy (2.5L)
2013 Outback (2.5L)
2012 to 2013 Impreza (2.0L)
2013 XV Cross Trek (2.0L)

We are presently investigating the possibility of a class action lawsuit in Ontario and the rest of Canada. If you own one of the above-referenced vehicles and have experienced or are experiencing problems with excessive oil consumption and other incidental concerns, please contact us if you are interested in the possibility of a class action lawsuit.

Recent Developments – Supreme Court of Canada Rules Against 407 ETR

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The Supreme Court has┬áruled that provisions of the federal Bankruptcy and Insolvency Act trump a section of Ontario’s Highway 407 Act, which essentially allowed a toll charge debt to outlive a person’s discharge from bankruptcy.

Click on the links below for more on this recent development:

http://www.thespec.com/news-story/6122499-a-win-for-bankrupt-407-debtors/

http://www.thestar.com/yourtoronto/the_fixer/2015/11/17/407-etr-can-no-longer-deny-plates-to-bankrupt-drivers-fixer.print.html

LEVERAGED CHARITABLE DONATION PROGRAMS

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We are investigating the possibility of a class proceeding claim relating to specific leveraged charitable donation programs.

Under these programs, donations are solicited and a portion of the funds paid by donors are donated to a charitable foundation with the donor borrowing the balance from a company said to be independent. Part of the cash donation is a security deposit on the loan that covers the difference between the amount actually paid and a total donation receipt.

The total donation receipt is for an amount in excess of the amount actually being paid in cash by the donor.

Some programs represent that the security deposit amount will be invested in a fund which will generate a return such that the returns will be used to fully satisfy the loan.

These programs allow participants to borrow approximately 85% of the total amount to be donated with only approximately 15% actually being provided in cash by the donor. A loan is obtained for the balance over a ten year period with donors being told that they will not be called upon to make payment of the loan.

The charitable donation credits being claimed by donors have been disallowed by the Canada Revenue Agency and some individuals are now being called upon to make payment of the loans.

We are investigating this situation with a view to possibly commencing action on behalf of donors who now find themselves being reassessed by Canada Revenue Agency, liable for payment of interest and penalties and facing the prospect of liability under the promissory notes executed in respect of the loans taken.

If you have any information in connection with leveraged charitable donation programs or have participated in such a program and wish to share your information with us, please feel free to contact us.