Ford Motor Company
Plaintiff’s Claim v. Ford Motor Company
Colin Stevenson and Harvin Pitch acted together with Levine Sherkin Boussidan for the plaintiff in a class action commenced in Ontario against Ford Motor Company and Ford Motor Company of Canada Limited. The claim alleged that the defendants manufactured in the 1983 through 1995 model years Ford, Lincoln or Mercury motor vehicles with a distributor mounted thick film ignition (TFI) module.
The TFI module regulates the current that creates the ignition spark and was mounted on the distributor above the engine block. The TFI module is an integral part of the solid state ignition system that the defendants used in most of their vehicles. The TFI module was mounted on the distributors which made it susceptible to malfunctions (it was alleged) due to overheating. The claim alleged that the TFI defect posed a real substantial danger to the health and safety to the members of the class and other occupants of the motor vehicle
SETTLEMENT:
This matter was settled in 2006. A copy of the order approving settlement (for all provinces excluding British Columbia) may be viewed by clicking here. The B.C. order was in similar terms.
The settlement terms may be summarized as follows:
1. It covered Canadian residents who owned 1983 through 1995 model year Ford, Lincoln or Mercury vehicles with a Motorcraft(r) distributor-mounted Thick Film Ignition IV Module; and
2. It also covered Canadian residents who previously owned or leased a 1983 through 1995 model year Ford, Lincoln, or Mercury vehicle with a Motorcraft(r) distributor-mounted Thick Film Ignition TV Module and paid or were charged for the cost of replacing or repairing such a module.
Class members received the following benefits:
(1) reimbursement of certain costs up to a maximum of $325 (inclusive of taxes) for replacing a component known as a Motorcraft(r) distributor-mounted TFI-IV module during the first 160,000 kms of vehicle operation; and
(2) an extended warranty on a Motorcraft(r) distributor-mounted TFI-IV Module in your vehicle up to the first 160,000 kms of vehicle operation.
This settlement is now completed. Supporting documents were due by March 22, 2007.
The settlement documents essentially provided, that Ford would:
(a) extend the new vehicle warranty coverage with respect to TFI Modules to the first 160,000 kilometres of vehicle operation; and
(b) set aside $1,500,000 (the "Settlement Fund") to reimburse Class Members for the actual amounts paid by them for costs (i.e. parts, labour, and towing) incurred, up to a maximum of $325.00 (inclusive of taxes), in replacing TFI Modules in Class Vehicles that had been in operation for 160,000 kilometres or less at the time of such replacement.