On March 28, 2019, a proposed class proceeding was commenced in Ontario by Siskinds LLP and Jensen Shawa Solomon Duguid Hawkes LLP ("JSS") against Kia Canada Inc., Kia Motors America Inc., Kia Motors Manufacturing Georgia Inc, and Kia Motors Corporation (“Kia”) relating to factory installed or replacement panoramic sunroofs manufactured by Kia ("Panoramic Sunroofs").
On May 27, 2019, Siskinds’ Québec-based affiliate, Siskinds Desmeules, commenced a similar class action for Quebec’s residents. A copy of the application for authorization to institute a class action can be found here.
The affected vehicles were alleged to include:
- 2011-2019 model year Kia Sorento vehicles;
- 2011-2019 model year Kia Optima vehicles;
- 2011-2019 model year Kia Sportage vehicles;
- 2014-2019 model year Kia Soul vehicles; and
- 2014-2019 model year Kia Cadenza vehicles.
Developments
Ontario Action
Siskinds LLP and Jensen Shawa Solomon Duguid Hawkes LLP are of the opinion that the proposed Kia Panoramic Sunroofs class proceeding is no longer viable, and the representative plaintiff no longer wishes to pursue the claim against Kia. On this basis, Siskinds and JSS sought and obtained the approval of the Ontario Superior Court of Justice to discontinue the class proceeding.
The limitation period for bringing a claim, if there is any time left within it, will recommence on January 28, 2023. On the expiry of the limitation period, your right to sue may be extinguished. Limitation periods vary across Canada. As such, you should seek legal advice from local counsel. Please refer to the Notice of Discontinuance [English] [French] for further information.
Quebec Action
Siskinds Desmeules is of the same opinion. Consequently, on January 18, 2023, Siskinds Desmeules sought and obtained the approval of the Quebec Superior Court to discontinue the class action. You can read the judgment here (in French only). Please see the notice of discontinuance [English] [French] for more information.
The limitation period for bringing a claim, if there is any time left within it, will recommence on January 28, 2023. On the expiry of the limitation period, your right to sue may be extinguished. Limitation periods vary across Canada. As such, you should seek legal advice from local counsel.
Documents
Quebec
- Notice of Discontinuance – February 7, 2023 (in French only)
- Discontinuance Order - January 18, 2023 - Quebec Superior Court (in French only)
- Discontinuance notice [English] [French]