Frequently Asked Questions
Questions Concerning the Class Action and Persons Concerned
The Class covered by the Settlement includes all natural persons who have purchased 2006-2013 Honda Civic or 2006-2011 Acura CSX vehicles in Quebec and experienced and observed substantial or not insignificant Early Paint Degradation on or after May 4, 2015, for Civic Sub-Class Settlement Members, or on or after September 4, 2017 for CSX Sub-Class Settlement Members. Some legal persons are also included.
The place of residence does not matter, as long as the vehicle was purchased in Quebec.
Consult the main ineligibility cases here.
The Class Action alleged that the Class Vehicles were prone to Early Paint Degradation (a phenomenon also known as delamination), causing a prejudice to Settlement Members. The Settlement Agreement is made without any admission of liability on the part of Honda.
The Class Action for the 2006-2013 Honda Civic vehicles was certified on February 18, 2019. The Class Action for the 2006-2011 Acura CSX vehicles was certified on March 8, 2021. The proposed Settlement covers both Sub-Classes.
Next Steps
Online claims can be made between September 30, 2022 and March 31, 2023 (the Claims Period).
The Court-appointed Administrator will review the claims submitted and the documents attached to the claims.
All claims received during the Claims Period will be analyzed and considered. If your claim is incomplete or is denied for any reason, the Administrator will contact you.
The review of claims by the Administrator will last longer than the Claims Period. When the analysis is complete at the end of spring 2023, the Administrator will contact you.
If your claim is rejected by the Administrator on a final basis, you may file a notice setting out the grounds for disputing the denial with Class Counsel. This notice must be sent to the following coordinates within 30 days of the date of the denial notice from the Administrator:
daunais-c-honda@cabinetbg.ca
1-800-270-7047
CBL & Associés avocats
22, rue Paré
Granby (Quebec) J2G 5C8
c/o: Éric Bertrand or Éric Cloutier
Cabinet BG Avocat inc.
4725, boul. Metropolitan E., Suite 207
Montreal (Quebec) H1R 0C1
c/o: Benoît Gamache
An “Excluded” Member of the Settlement, or a person who has opted out from the Settlement is a person who is no longer a Class Member of the Class Action and therefore is not eligible to receive Settlement Benefits. A person is excluded from the settlement if:
- this person has asked to be excluded from the Settlement at the stage of the authorization of the Class Action, or before the Settlement Approval Hearing.
- this person has filed a personal lawsuit against Honda concerning Early Paint Degradation before February 14, 2020 for a 2006-2013 Honda Civic or before April 30, 2021 for a 2006-2011 Acura CSX.
Yes, under certain conditions. You may join it again by submitting a valid Claim Form and signing a release in favour of Honda. However, you will not be able to join it again if you have sued Honda for Early Paint Degradation and have already obtained a court judgment or reached a settlement with Honda.
The answer depends on a combination of factors, including when you believe the Early Paint Degradation appeared and when you filed your claim. You can contact the Administrator for more information: 1-800-270-7047 or ca_daunais-c-honda@pwc.com
Settlement
The Terms of the Settlement are set out in the Settlement Agreement. You can view a copy of the Settlement Agreement here.
In the event of any discrepancy between the Frequently Asked Questions and the Settlement Agreement, the Settlement Agreement prevails.
Categories of Settlement Benefits include:
- Reimbursement Remedy
- Loss (of value) at Resale Remedy
- In-Kind Remedy (repairs at an authorized body shop) or a Reduced Indemnity In Lieu thereof
- a nomination supplemental compensation
Your eligibility for one or more Settlement Benefits and the value of the benefit applicable to your situation will depend on several factors, for example: whether you are a former or current owner of the Class Vehicle, the age of the Class Vehicle, the parts effected, the Class Counsel Fees, the Administration Fees and the levies required by law.
A Court-appointed Administrator will determine whether your claim meets the criteria set out in the Settlement and the amount, if any.
The Settlement provides for various benefits, some of which are for former owners, for example, a reimbursement of certain past expenses or compensation for loss of value at resale, with supporting documentation.
If you were the original owner, you may be eligible for a nominal Supplemental Compensation under certain conditions. Consult the section “What is Supplemental Compensation?” of this Frequently Asked Questions for more details.
Amounts vary based on a combination of factors, including the age of your vehicle, parts affected, Class Counsel Fees, Administration Fees and certain levies required by law. See the maximum amounts below. These amounts are likely to be revised downwards, as provided for under the method approved by the Superior Court.
Chart illustrating the maximum amounts available when the Settlement Benefit is the Reimbursement Remedy or the In-Kind Remedy.
Settlement Members who are eligible for In-Kind Repair but choose not to proceed under Section 3.15 of the Agreement may instead elect to receive a reduced cash amount, referred to as Indemnity In Lieu of In-Kind Remedy. Below is a chart illustrating the maximum amounts available as Indemnity In Lieu of In-Kind Remedy. These maximums also apply to Loss at Resale Remedy. These amounts may be revised downwards, as approved by the Superior Court.
If you purchased a 2006-2013 Honda Civic or 2006-2011 Acura CSX vehicle in Quebec and have not yet received a judgment from a court or a settlement with Honda, you may be eligible for Settlement Benefits.
If you have already settled or received a judgment from a court, you are excluded from the Settlement.
No, if you have already reached a settlement with Honda or received a judgment from a court, you are no longer eligible to receive anything under the Class Action or the Settlement for the same claim.
If, after May 4, 205, you incurred reasonable expenses to correct the EPD on your 2006 to 2013 Honda Civic vehicle that were never compensated or reimbursed, and you provide the required proof, you may be eligible for reimbursement of certain amounts.
If, after September 4, 2017, you incurred reasonable expenses to correct the EPD on your 2006 to 2011 Acura CSX vehicle that were never compensated or reimbursed, and you provide the required proof, you may be eligible for reimbursement of certain amounts.
Reimbursement amounts will vary based on a combination of factors, including the age of your vehicle, the affected parts, Class Counsel Fees, Administration Fees and certain levies required by law.
The Court-appointed Administrator will determine whether your claim meets the criteria set out in the Settlement and the amount of the remedy, if any.
If you were forced to sell your vehicle at a price lower than what you initially requested due to the Early Paint Degradation affecting the Class Vehicle at that time, and that this price was lower than the CBB Price (such as this term is defined in the Settlement Approval Judgment), Honda may reimburse you certain amounts if you provide the required proof.
The Court-appointed Administrator will determine whether your claim meets the criteria set out in the Settlement and the amount of the remedy, if any.
If a substantial or non-insignificant Early Paint Degradation started to appear on the affected part of the Class Vehicle on or after May 4, 2015 for your 2006-2013 Honda Civic vehicle, and you provide the required proof, Honda may contribute to the paint repair costs up to up to certain amounts.
If a substantial or non-insignificant Early Paint Degradation started to appear on the affected part of the Class Vehicle on or after September 4, 2017 for your 2006-2011 Acura CSX vehicle, and you provide the required proof, Honda may contribute to the paint repair costs up to up to certain amounts.
To complete the Claim Forms for In-Kind Remedy, you will need to obtain an estimate from an Authorized Body Shop at your expense.
The amount of Honda’s contribution towards the In-Kind Remedy will vary based on a combination of factors, including the age of your vehicle, the parts affected, Class Counsel Fees, Administration Fees and certain levies required by law.
The Court-appointed Administrator will determine whether your claim meets the criteria set out in the Settlement and the value of your remedy, if applicable.
If you qualify for In-Kind Remedy, but do not want to have your vehicle repaired, you may choose to receive a reduced amount of compensation rather than the full amount awarded for the paint repair. The choice is irrevocable, even if you cease to be the owner of your Class Vehicle. If you provide the required proof, Honda will pay you compensation equivalent to 60% of the amount to which you would have been entitled if you had chosen In-Kind Remedy.
The Court-appointed Administrator will determine whether your claim meets the criteria set out in the Settlement and the amount of your Indemnity In Lieu of In-Kind Remedy.
Under the Settlement, if you are the original owner of the Class Vehicle, you may be eligible for Supplemental Compensation of up to $125 in cash, depending on what you would have done had you known that there was an undetermined risk of Early Paint Degradation.
The Court-appointed Administrator will determine whether your claim meets the criteria set out in the Settlement and the amount of your remedy, if any.
The proof required will vary depending on the Settlement Benefit claimed.
Proof of Ownership
a) For a Former Owner, means proof that (i) the Settlement Member making a claim for Reimbursement Remedy was the legal owner of the Class Vehicle when it incurred the EPD-related expenses or (ii) the Settlement Member making a claim for the Loss At Resale Remedy was the legal owner of the Class Vehicle at the time it was sold at a lower price due to the EPD.
b) For a Current Owner, means proof that: (i) the Settlement Member making a claim for the In-Kind Remedy (or Indemnity In Lieu thereof) is the owner of the Class Vehicle at the time the Claim form is submitted; (ii) the Settlement Member making a claim for Reimbursement was the owner of the Class Vehicle when it incurred the EPD-related expenses.
A copy of the vehicle’s registration certificate, or a copy of the vehicle’s purchase agreement, or an affidavit, duly sworn, attesting to the fact the Settlement Member is, or has been, the owner of the Class Vehicle will usually be sufficient for this purpose, as the case may be.
Proof of Early Paint Degradation (EPD)
“Proof of EPD” means colour photographs, clearly showing each area that the Settlement Class Member believes to be affected by EPD to the satisfaction of the Administrator, as well as a photograph showing the whole Class Vehicle, its licence plate and a photograph of the Vehicle Identification Number (VIN) of the Class Vehicle.
The following are examples of photographs that meet the applicable requirements:
Proof of Expenses
“Proof of Expenses” means an original invoice, legible photocopy thereof, or other record, or some combination thereof, to the satisfaction of the Administrator, which identifies the reimbursable expenses paid by the Settlement Class Member directly due to EPD issues. Sufficient proof shall include one or more contemporaneous writings, including but not limited to third-party receipts, invoices, and repair orders or bills, which, either individually or collectively, prove the existence of an EPD issue and the amount of the expense that was not previously reimbursed by Honda and/or a Honda or Acura dealer to a third party.
Proof of Loss of at Resale due to EPD
“Proof of Loss at Resale due to EPD” means proof that (i) a Settlement Class Member who is making a Claim for the Loss at Resale Remedy was (ii) owner of the Class Vehicle at the date of sale (iii) which was sold at a price lower than the Canadian Black Book (CBB) Price (iv) because of the EPD. Sufficient proof shall include dated email or screenshots of text messages evidencing that the seller of the Class Vehicle was obliged to conclude a sale for a lower price than initially sought because of the EPD. Comparison with the CBB Price will be done by the Administrator.
Proof of Sale
“Proof of Sale (of Class Vehicle)” means a document such as a sale contract, SAAQ transfer form or other similar document identifying you as the seller of the Class Vehicle as well as identifying the purchaser and the sale price Class Vehicle.
The Court-appointed Administrator will determine if your claim meets the criteria set out in the Settlement and the amounts of Settlement Benefit available, if any.
No. Settlement Benefits are only available if your vehicle experienced Early Paint Degradation during the applicable period.
If you present a valid and timely Claim Form, together with the required proof, you will be eligible for a contribution from Honda towards the In-Kind Remedy repair costs of the affected parts, or a reduced monetary Indemnity In Lieu thereof set at 60% of the amount that would be granted for In-Kind Remedy.
The maximum amounts of this contribution can be found in the section “How much money can I receive?” in the present Frequently Asked Questions.
Reimbursement Remedy amounts vary based on a combination of factors, including the age of your vehicle, effected parts, Class Counsel Fees, Administration Fees and certain levies required by law.
A Court-appointed Administrator will determine whether your claim meets the approval criteria and the amounts of the In-Kind Remedy contribution, if any.
If you present a valid and timely Claim Form, you may be eligible for reimbursement of your past expenses up to certain amounts.
The maximum amounts of this contribution can be found in the section “How much money can I receive?” in the present Frequently Asked Questions.
The amount of Honda’s contribution will vary based on a combination of factors, including the age of your vehicle, affected parts, Class Counsel Fees, Administration Fees and certain levies required by law.
You may submit a claim for the Reimbursement Remedy if you are the current or former owner of a Class Vehicle. Expenses must have been made: after May 4, 2015 for 2006-2013 Honda Civic vehicles, and after September 4, 2017 for 2006-2011 Acura CSX vehicles.
The Court-appointed Administrator will determine whether your claim meets the criteria set out in the Settlement and the amount of your reimbursement, if any
Yes. If you present a valid and timely Claim Form, you may be eligible for reimbursement of the loss up to certain amounts, provided the price you obtained was lower than the CBB Price (as this term is defined in the Settlement Approval Judgment).
The maximum amounts of this contribution can be found in the section “How much money can I receive?” in the present Frequently Asked Questions.
The amount of the Loss at Resale Remedy will vary based on a combination of factors, including the age of your vehicle, the parts effected, Class Counsel Fees, Administration Fees and certain levies required by law.
The Court-appointed Administrator will determine whether your claim meets the criteria set out in the Settlement and the amount of the remedy, if any.
No. Professional resellers are not entitled to Settlement Benefits.
Auto body repair shops cannot make a claim under the Settlement. However, if you are a member of the Corporation des carrossiers professionnels du Québec (CCPQ) or are otherwise authorized by Honda to perform the In-Kind Remedy, and you agree to the applicable Terms and Conditions, you may be authorized to perform In-Kind Remedy for Settlement Members.
Contact the Administrator at the contact details below.
General
In a Class Action, one or more people, called “representatives,” sue on behalf of others who may have similar claims. A court decides the dispute or approves a settlement for all Class Members, except Class Members who opt out of the Class Action.
This Class Action concerned purchasers of 2006-2013 Honda Civic or 2006-2011 Acura CSX vehicles in Quebec. The lawsuit alleged that certain parts of these vehicles were affected by Early Paint Degradation. The parties reached a Settlement, without admission of liability, which was approved by the Superior Court on July 6, 2022.
Class Members include persons who purchased 2006-2013 Honda Civic or 2006-2011 Acura CSX vehicles in Quebec prior to July 6, 2022, and who claim to have incurred damage due to non-insignificant Early Paint Degradation on or after May 4, 2015 for 2006-2013 Honda Civic vehicles, or on or after September 4, 2017 for 2006-2011 Acura Civic CSX vehicles.
Contact the Court-appointed Administrator at the contact details below.
If you are an eligible Class Member under the Settlement, you are represented by Class Counsel, you can reach them for more information at the contact details below:
CBL & Associés avocats
22, rue Paré,
Granby (Quebec) J2G 5C8
c/o: Éric Bertrand or Éric Cloutier
daunais-c-honda@cabinetbg.ca
Tel: 1-877-707-8008
Cabinet BG Avocat inc.
4725, boul. Metropolitan E., Suite 207
Montreal (Quebec) H1R 0C1
c/o: Benoît Gamache
daunais-c-honda@cabinetbg.ca
Tel: 1-877-707-8008
The Superior Court has ruled that Class Counsel Fees will be paid out of the amounts to be paid to Members UNLESS the total of Settlement Benefits, Excess Administration Fees and Class Counsel Fees are less than the Pool amount of $15,000,000, in which case, the Class Counsel Fees will be paid in addition to the Settlement Benefits paid to each Settlement Member within this Pool. The Court has set the amount of Class Counsel Fees at 25% of the Pool of $15,000,000. The Court reserves the right of the Class Counsel to reapply to the Court for additional fees under certain conditions.
To complete your Claim Form by hand, download the PDF version of the Claim Form below, complete it and send it with the supporting documents, by mail to:
PricewaterhouseCoopers Inc.
Claims Administrator – Daunais c. Honda Canada Inc. Class Action
Place de la Cité, Tour Cominar
2640, boulevard Laurier, Suite 1700
Sainte-Foy (Quebec) G1V 5C2