Dieselgate: The court authorizes a collective action on behalf of all Quebecers
Wednesday, January 24, 2018 12:09
Wednesday, January 24, 2018 12:15
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The superior Court of Québec has just allow a massive collective action against Volkswagen for its engines-fixing, which covers all Quebecers injured by the non-compliance of environmental standards.
“The case is interesting, especially in a context where the accusations have nothing of a minor,” wrote judge Daniel Dumais in its judgment of 24 pages made this Wednesday at the palace of justice of Quebec.
The “dieselgate” appeared in 2015, when it was discovered that Volkswagen had equipped some cars with a device to distort the test results of pollutant emissions between 2009 and 2015.
“The heads of leaders will roll,” says the magistrate. An apology from the manufacturer pop up. Prosecution snap into place. “
All of Quebec
In Quebec, five applications for collective actions are promptly filed, on behalf of the owners and tenants affected by the vehicle manufacturer. But one query stands out from the others.
“A different procedure is taken at Quebec,” says the judge. Of a collective nature herself, she takes a broad approach and is claiming compensation for all Quebecers in connection with the non-compliance of applicable environmental standards. “
During hearings on the application for authorisation of the collective action, the quebec Association of fight against air pollution had affirmed that the dieselgate had potentially been able to cause or aggravate respiratory diseases in humans.
“It is based on studies reporting 46 deaths on american soil due to the dieselgate, and approximately 1,200 premature deaths in Europe,” says the magistrate.
The judge says that it is possible that Quebec may have also been affected, but that this possibility remains hypothetical.
Despite everything he has allowed in part the request, despite opposition from the automobile manufacturer.
“Is it not precisely here that an attack is intentional, and not accidental, to the rights of citizens themselves, wrote the judge. If the State does nothing, or if the sanctions are minimal, encourage-t-it is not the repetition of such scenarios? […] The case, as presented, needed to be discussed. “
With this judgment, a new stage had therefore been reached in this collective action. However, the hearing on the merits, in order to see if Volkswagen will have to untie the purse strings.
The Association québécoise de lutte contre la pollution atmosphérique seeks compensation of $ 35 per person who has resided in Quebec between 2009 and 2015.