Arctic Cat and Yamaha Class Action Settlement
What is this Class Action about?
A national class action lawsuit was commenced in Québec (the “Class Action”) against Arctic Cat and Yamaha (the “Defendants”). The Plaintiff in the Class Action alleges that the starter installed in the Affected Snowmobiles was deficient and seeks damages from the Defendants.
The Defendants deny any wrongdoing or liability. Nonetheless, a National Settlement Agreement has been reached whereby all claims by those who purchased or leased the Affected Snowmobiles will be settled (the “National Settlement Agreement).
A National Settlement Agreement was approved by the Superior Court of Québec on July 30, 2021. The National Settlement Agreement is available for viewing by clicking here, as is the Court order approving the National Settlement Agreement here.
Category 1 Settlement Benefits under the Extended Repair Program are available until November 9, 2023 inclusively. You do not need to submit a Claim with the Claims Administrator to be part of the Extended Repair Program. You must contact your Authorized Dealer. Click here to review the list of Authorized Dealers.
The only way to receive Settlement Benefits pursuant to Category 2 Claims (Repair Work Credit), Category 3 Claims (Out-of-Pocket Expenses) and Category 4 Claims (Settlement Benefits to Past Owners) is to submit a timely and valid Claim.
To be considered timely, the Claim Form must be postmarked no later than March 9, 2022 and received by the Claims Administrator no later than April 8, 2022. If one (1) of these deadlines is not met, you will not be entitled to any Settlement Benefits.
Click here for more information.
Who can receive benefits under this Class Action?
Settlement Class Members are all persons who purchased or leased a snowmobile with a 7000 or 1049cc engine of the following models, in Canada for the years 2014 to 2018, and who did not validly opt out of the National Settlement Agreement:
| From Arctic Cat | From Yamaha |
|---|---|
| ZR 7000 LXR | The Viper series |
| ZR 7000 Sno Pro | |
| ZR 7000 Limited | |
| ZR 7000 EI Tigre | |
| ZR 7000 RR | |
| Pantera 7000 | |
| Pantera 7000 Limited | |
| M 7000 Sno Pro | |
| XF 7000 Cross Country | |
| XF 7000 Crosstour | |
| XF 7000 High Country | |
| XF 7000 Limited | |
| XF 7000 LXR | |
| XF 7000 Sno Pro | |
| XF 7000 Cross Country Sno Pro |
(collectively, the “Affected Snowmobiles”)
You may check to see if your VIN is included in the list of potentially eligible VINs by clicking here.
What type of benefits may you be eligible for?
The National Settlement Agreement provides for the following Settlement Benefits to Settlement Class Members, subject to the terms and conditions stipulated therein.
- Category 1 Claim (Extended Repair Program) – an installation of the Permanent Fix by an Authorized Dealer
- Category 2 Claim (Repair Work Credit) – a single Credit of either $80 CAD or $160 CAD, as the case may be, irrespective of the number of Affected Snowmobiles owned or leased, redeemable against any Available Transaction made during the Claims Period Available Transaction made during the Claims Period.
- Category 3 Claim (Out-of-Pocket Expenses) - a single Credit of $200 CAD per Incident, up to a maximum of three (3) Incidents, for a maximum combined Credit value of $600 CAD, as the case may be, irrespective of the number of Affected Snowmobiles owned or leased, redeemable against any Available Transaction made during the Claims Period Available Transaction made during the Claims Period
- Category 4 Claim (Settlement Benefits to Past Owners) - an amount payable in cash equal to the combined value of the Credits he or she would otherwise be entitled to receive and redeem during the Claims Period
The above is a summary of the Settlement Benefits. Click here for more information.
Summary of Your Legal Rights and Options
| Submit a Claim | Category 1 (Extended Repair Program) | Category 1 Settlement Benefits under the Extended Repair Program are available until November 9, 2023 inclusively. You do not need to submit a Claim with the Claims Administrator to be part of the Extended Repair Program. You must contact your Authorized Dealer. Click here to review the list of Authorized Dealers. |
|---|---|---|
Category 2 Claim (Repair Work Credit) Category 3 Claim (Out-of-Pocket Expenses) ; and Category 4 Claim (Settlement Benefits to Past Owners) | The only way to receive Settlement Benefits pursuant to Category 2 Claims (Repair Work Credit), Category 3 Claims (Out-of-Pocket Expenses) and Category 4 Claims (Settlement Benefits to Past Owners) is to submit a timely and valid Claim. To be considered timely, the Claim Form must be postmarked no later than March 9, 2022 and received by the Claims Administrator no later than April 8, 2022. If one (1) of these deadlines is not met, you will not be entitled to any Settlement Benefits. In order to determine whether you are entitled to receive Repair Work Credit under Category 2, click here to check to see if your snowmobile is included in the List of Category 2 Eligible VINs. If your snowmobile is currently not included in the List of Category 2 Eligible VINs and you nonetheless seek recognition of an entitlement to receive a Credit under Category 2 Claims, you have until November 8, 2021 inclusively to send the Claims Administrator an email containing your complete coordinates (first name and last name, postal address, phone number) and the VIN of each Affected Snowmobiles for which you seek its addition to the List of Category 2 Eligible VINs. If an entitlement to any such Credit is confirmed by the Claims Administrator, the List of Category 2 Eligible VINs will be updated accordingly. | |
| Do Nothing | If you did not opt out of the National Settlement Agreement and do not submit a Claim, you will not receive any benefits from the National Settlement Agreement. | |
| Opt Out of the Settlement | You may no longer opt-out of the National Settlement Agreement. Advancing a claim under the National Settlement Agreement are the only remedies and relief the Settlement Class Members have in relation to the Class Action. Click here for more information. | |
| Object to the Settlement | You may no longer object to the National Settlement Agreement. Advancing a Claim under the National Settlement Agreement are the only remedies and relief the Settlement Class Members have in relation to the Class Action. Click here for more information. | |