FAQS


1. 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.

A virtual Court hearing to approve the National Settlement Agreement has been scheduled for June 18, 2021 at 9am EST.

To join the hearing on your computer or mobile device – click here on June 18, 2021 at 9am EST.

To join the hearing on your telephone (audio only): dial 1-833-450-1741, 110273073# on June 18, 2021 at 9am EST.

2. What is a class action?

In a class action, the Plaintiff acts as “Representative Plaintiff” and sues on behalf of themselves and other people who have similar claims. This group of people is called the “Class,” and the people in the Class are called “Class Members.” One court resolves the issues for all Class Members. The lawyers who act for the Representative Plaintiff are called “Class Counsel”.

In this Class Action, the Court appointed Laury Harvey to serve as Representative Plaintiff and appointed Siskinds, Desmeules, Avocats to serve as Class Counsel. Superior Court of Québec Court File No. 200-06-000225-188.

3. 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
4. What are the terms of the proposed National Settlement Agreement?

The National Settlement Agreement provides for the following Settlement Benefits to Settlement Class Members, subject to the terms and conditions stipulated therein.

  1. Category 1 Claim (Extended Repair Program) – an installation of the Permanent Fix by an Authorized Dealer
    1. Prior to the Claims Deadline or up to 30,000 kilometers Traveled, whichever comes first, Settlement Class Members are entitled to have the Permanent Fix installed, free of charge, for each Affected Snowmobile they own or lease at the time of such Claim.
    2. Subject to the Court’s supervision pursuant to Section 13.1, this Category 1 Claim process is administered by the Defendants. In order to benefit from the Extended Repair Program, a Settlement Class Member must contact any of the Authorized Dealers and, if an entitlement to such benefit is confirmed by the Defendants, comply with the directives given by or on behalf of the Defendants, including by their Authorized Dealers, to schedule and ensure the proper and timely installation of the Permanent Fix.
  2. Category 2 Claim (Repair Work Credit)Settlement Class Members who, prior to September 14, 2020, had the control unit of the starter reprogrammed by under Arctic Cat’s Service Bulletin BS201505 or Service Bulletin BS201706 or under Yamaha’s Service Bulletin S15-015 or Service Bulletin S16-080 for any Affected Snowmobile, may be able to receive 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 in-store or on-line Available Transaction made during the Claims Period
  3. Category 3 Claim (Out-of-Pocket Expenses) - Settlement Class Members who, prior to September 14, 2020, incurred Compensable Out-of-Pocket Expenses as a result of a Starter Deficiency of any Affected Snowmobile, may be entitled to recover 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 in-store or on-line Available Transaction made during the Claims Period
  4. Category 4 Claim (Settlement Benefits to Past Owners) - Settlement Class Members who, at the relevant time under the National Settlement Agreement: (1) had the status of Past Owner and (2) sold their Affected Snowmobile on a date which is subsequent to the circumstances for which Credits are offered under the National Settlement Agreement, may be entitled to recover 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.
5. How can I opt out to the National Settlement Agreement?

If you are a member of the Settlement Class and do NOT wish to participate in and be bound by the National Settlement Agreement, then you must opt out.

By opting out, you are choosing:

  1. not to take part in the National Settlement Agreement; and
  2. not to participate in any of the Settlement Benefits.

In order to validly opt out, you must elect NOT to submit any Claim Form under the National Settlement Agreement AND send a fully completed and signed Opt-Out Form.

To be considered timely, the Opt-Out Form must be filed with the Court or postmarked no later than April 21, 2021 and, if sent by mail or messenger to the Claims Administrator, be received no later than May 6, 2021.

Arctic Cat Yamaha National Class Action Settlement Claims Administrator
P.O. Box 507 STN B
Ottawa ON K1P 5P6
Email: info@ArcticCatYamahaNationalClassAction.ca
Telephone: 1-833-683-5866
Fax: 1-866-262-0816

For Québec residents, the fully completed Opt-Out Form must also be returned directly to the address below within the same deadlines mentioned above:

The Clerk of Superior Court of Québec
300 Boulevard Jean Lesage
Québec QC G1K 8K6

There will be no further opportunity to opt out of the National Settlement Agreement and of the Class Action.

6. How can I object to or comment on the National Settlement Agreement?

If you do not opt out of the Class Action and wish to provide written comments on or object to the National Settlement Agreement, you must provide your comments or notice of objection in writing to either addresses below no later than June 4, 2021, 5pm EST:

The Clerk of Superior Court of Québec
300 Boulevard Jean Lesage
Québec QC G1K 8K6

OR

SISKINDS, DESMEULES, AVOCATS
Attention: Mtre Karim Diallo
43 Buade Street – Office 320
Québec QC G1R 4A2

Comments or objections will be considered by the Court to determine whether to approve or reject the National Settlement Agreement.

7. When is the National Settlement Agreement approval hearing?

A virtual Court hearing to approve the National Settlement Agreement has been scheduled for June 18, 2021 at 9am EST.

To join the hearing on your computer or mobile device – click here on June 18, 2021 at 9am EST.

To join the hearing on your telephone (audio only): dial 1-833-450-1741, 110273073# on June 18, 2021 at 9am EST.

8. Do I have a lawyer in the case?

Class Counsel is Siskinds, Desmeules, Avocats.

Class Counsel is tasked with acting in the best interests of the Class as a whole. You may contact Class Counsel for information about the National Settlement Agreement.

Please see the Contact Us page on this website.

9. How will the lawyers be paid?

Class Counsel Fees and Class Counsel Supplemental Fees approved by the Court will be paid by the Defendants, over and above the Settlement Benefits, subject to the Court’s approval and review of the relevant billing narratives, which shall be justified and reasonable. Class Counsel agrees to bring the necessary applications with supporting documents before the Court for approval. Class Counsel Fees and Class Counsel Supplemental Fees, as approved by the Court, will be paid by Defendants directly to Class Counsel within ninety (90) days of their approval.

10. How do I obtain more information?

Questions for the Claims Administrator should be directed to:

Epiq Class Action Services Canada Inc.
Attention: Arctic Cat Yamaha National Class Action Settlement Claims Administrator
P.O. Box 507 STN B
Ottawa ON K1P 5P6
Email: info@ArcticCatYamahaNationalClassAction.ca
Telephone: 1-833-683-5866
Fax: 1-866-262-0816

Questions for Class Counsel should be directed to:

Siskinds, Desmeules, Avocats
Attention: Mtre Karim Diallo
43 Buade Street – Office 320
Québec QC G1R 4A2
Email: karim.diallo@siskinds.com
Tel: 1-418-694-2009
Fax: 1-418-694-0281