If You Are a Current or Former Owner of a Honda Civic (2006-2013) or Acura CSX (2006-2011) Vehicle, You Could Benefit from a Class Action Settlement.

Subject to Court approval, a settlement has been reached in a class action lawsuit Daunais v. Honda Canada Inc. regarding allegations of early paint degradation on these vehicles.

The terms of the Settlement are set out in the Settlement Agreement. You may view a copy of the Settlement Agreement, and important updates about this Settlement on this Website.

Settlement Agreement

By judgment dated April 29, 2022, the Superior Court of Quebec has ordered the publication of notices to members regarding this class action on this Settlement Website. The same judgment has set that the Settlement Approval Hearing to June 27, 2022, at 9:30 a.m. in room 16.12 of the Montreal Court house.

April 29, 2022 Judgment Long-Form Notice Short-Form Notice

If you DO NOT want to be bound by the Settlement Agreement, you must fill out this opt-out form and file it with the court registry before June 17, 2022. Follow the instructions in the form.

Opt-Out Form

If you OBJECT to the Court approving the Settlement Agreement, you must fill out this objection form and file it with the court and the parties' attorneys before June 17, 2022. Follow the instruction in the form.

Objection Form

For further information: 1-877-707-8008 or daunais-c-honda@cabinetbg.ca

Register your email address to stay updated :

Register your email address

Frequently Asked Questions

Notice

The Notice is to inform all potential class members of the class action that a settlement has been reached, subject to Court approval. It also informs class members of their options at this time. See “Do I have to do anything now?”

The class that was certified is any physical or legal person who purchased a 2006-2013 Honda Civic or a 2006-2011 Acura CSX vehicle in Quebec and that experienced early paint degradation.

The class includes all physical and legal persons who purchased 2006-2013 Honda Civic or 2006-2011 Acura CSX vehicles in Quebec and suffered early paint degradation.

Place of residence does not matter, as long as the vehicle transaction occurred in Quebec.

The class action lawsuit claimed that the Class Vehicles are predisposed to early paint degradation (also known as delamination or chalking), which allegedly causes damages to class members. The Settlement is made without admission of fault by Honda.

The class action for 2006-2013 Honda Civic vehicles was authorized on February 28, 2019. The class action for 2006-2011 Acura CSX vehicles was authorized on March 8, 2021. The proposed settlement covers both subclasses.

Next Steps

The notice serves to notify you that a settlement has been reached, subject to Court approval. The settlement approval hearing is scheduled for June 27, 2022.  Before that hearing, there are 3 possible courses of action you may choose to take:

  1. Do nothing: If you qualify based on the class that was certified (Quebec purchasers of 2006-2013 Honda Civic or 2006-2011 Acura CSX vehicles who suffered early paint degradation), and want to participate in the class action settlement, you do not need to do anything. You will automatically be included in the settlement. You may register your email address on the Settlement Website if you wish to receive updates about the Settlement.
  2. Opt out: If you do not wish to be a part of the settlement of the class action you can opt out by June 17, 2022 by following the instructions on the notice.
  3. Object to the Settlement: if you do not agree with some or all of the settlement terms, you can follow the instructions on the notice to object.

For further information, or if you have any questions about which option is right for you, please refer to the Settlement Website or to Class Counsel’s website.

The Court will hold a Settlement Approval Hearing on June 27, 2022 at 9:30 am in room 16.12 at the Montreal Courthouse, located at 1, Notre-Dame Street East, Montreal, Quebec to consider whether to approve the Settlement, and Class Counsel’s fees and disbursements.

If you who wish to be advised by email notification as to the approval of the Settlement, you may register your email address on the settlement website www.CivicCSXpaintClassAction.ca.

To “opt out” of the class action means you are choosing to remove yourself as a class member. If you decide to opt out of the Settlement, you will not be eligible to receive benefits under the Settlement, and you will not be able to object to the Settlement. However, you will keep any right you have to make an individual claim against Honda at your own cost, subject to legal limitations, including (time) limitation periods.

No. If you have already opted out of the class action you are not eligible for any Settlement Benefits, and you do not need to file another form. You may however opt back in by contacting the Court Office of the Superior Court or the Administrator, submitting a valid and timely Claim Form and signing a release in favour of Honda.

Yes, you may be able to opt back in to the class action. If the Settlement is approved, you will have the possibility of opting back in by submitting a valid and timely Claim Form and signing a release in favour of Honda. You cannot opt back in if you sued Honda for early paint degradation and settled your case or received judgment from a court.

The answer depends on a number of factors including when you believe the early paint degradation started and the date when you commenced your claim. You may also contact the Administrator for more information.

Objecting does not disqualify you from making a claim under the Settlement, nor does it make you ineligible to receive benefits under the Settlement if it is approved.

If you do not want the Settlement to be approved, you must explain your reasons in writing. These reasons must be filed with the Court Office and provided to Class Counsel and Defence Counsel.

If you have submitted an objection by June 17, 2022, then you may also appear and make submissions at a Settlement Approval Hearing, either alone or with your own lawyer.

The Court will decide whether it accepts your objections or approves the Settlement on June 27, 2022.

If the settlement is approved by the Court, a claims administrator will be appointed, and a date will be set for the claims administrator to begin accepting claims. The process to file a claim, as well as the deadline and other important information, will be published on the website after the Settlement is approved. Updates will be posted on the Settlement Website  when necessary.

Settlement

The terms of the Settlement are set out in the Settlement Agreement. You may view a copy of the complete Settlement Agreement and important updates about this Settlement on the Website www.CivicCSXpaintClassAction.ca.

The categories of settlement benefit include:

  • Reimbursement remedy
  • Loss at Resale Remedy
  • In-Kind Remedy (or reduced Indemnity)
  • Supplemental Compensation

A class members’ eligibility to claim benefits and the benefit amount under each category varies, and will depend on several factors such as: whether you are a current or former owner, the age of the vehicle, the affected part(s), Class Counsel fees, settlement administration fees and some levies provided by law.

Once the settlement is approved by the court, further details as to the deadlines and proof required, along with claims forms, will be made available on the settlement website.

A settlement administrator, who will be appointed for the court, will determine whether your claim meets the criteria for approval, and the amount, if any.

If the Settlement is approved, the settlement website will be updated with the date upon which the claims administrator will start accepting claims shortly after the settlement approval hearing of June 27, 2022.

You may register your email address on the Settlement Website for updates.

The Settlement Website will be updated periodically, including to indicate important deadlines as they become known.

The Settlement Agreement provides for different benefits, some of which are for previous owners, such as the reimbursement of certain past expenses or a compensation for loss of value at resale, with proof.

Also, if you were the original owner, you may be eligible for a Supplemental Compensation under certain conditions.

Following Court approval, the maximum amount of settlement benefits available to the class will be posted on the settlement website. The amounts vary depending on a number of factors, including the age of your car, Class Counsel fees, settlement administration fees and some levies provided by law.

If you are a purchaser of a 2006-2013  Honda Civic vehicle or a 2006-2011 Acura CSX vehicle in Quebec and have not already settled a case with Honda, or received judgment from a court, and if the class action settlement is approved, you may be eligible for some benefits.

If you have already settled your case or received judgment from a court, you are removed from entitlement under the class action.

No, if you settled a case or received judgment from a Court you are no longer entitled to receive anything that may be awarded under this class action or under its Settlement for the same facts.

If you have incurred reasonable expenses to correct an early paint degradation  on your 2006-2013 Honda Civic vehicle on or after May 4, 2015, have never been reimbursed or compensated, and provide the required proof, you may be eligible for reimbursement of certain amounts.

If you have incurred reasonable expenses to correct an EPD on your 2006-2011 Acura CSX vehicle on or after September 4, 2017, have never been reimbursed or compensated, and provide the required supporting documentation, you may be eligible for reimbursement of certain amounts

The eligible amount of reimbursement remedy will vary based on a number of factors, including the age of your car, the affected part(s), Class Counsel fees, settlement administration fees and some levies provided by law.

A settlement administrator, who will be appointed for the court, will determine whether your claim meets the criteria for approval, and the amount, if any.

If you have sold your vehicle and were obliged to conclude a sale for a lower price than initially sought because of the early paint degradation, and if that price is lower than that of the Canadian Black Book, and provide the required proof, Honda could compensate certain amounts.

The amounts vary depending on a number of factors, including the age of your car, the affected part(s), Class Counsel fees, settlement administration fees and some levies provided by law.

A settlement administrator, who will be appointed for the court, will determine whether your claim meets the criteria for approval, and the amount, if any.

If early paint degradation started occurring on your 2006-2013 Honda Civic vehicle on or after May 4, 2015 and you provide the required proof, Honda may contribute towards the cost of paint repairs to your vehicle, up to certain amounts.

If early paint degradation started occurring on your 2006-2011 Acura CSX vehicle on or after September 4, 2017, and you provide the required proof, Honda may contribute towards the cost of paint repairs to your vehicle, up to certain amounts.

You will need to obtain an estimate from an Authorized Body Shop at your own cost.

The amount of in-kind remedy benefits will  vary based on a number of factors, including the age of your car, the affected part(s), Class Counsel fees, settlement administration fees and some levies provided by law.

A settlement administrator, who will be appointed for the court, will determine whether your claim meets the criteria for approval, and the amount, if any.

If you are eligible for the In-Kind Remedy but do not wish to have paint repairs, you may elect instead for the Indemnity In Lieu of In-Kind Remedy. The choice is irrevocable, even if you cease being the owner of your Class Vehicle. If you provide the required proof, Honda will provide you with an indemnity valued at 60% of the amount you would have been eligible to if you had chosen the In-Kind Remedy.

The proof required to be submitted will vary depending on the type of settlement benefit you are claiming.

All cases will require supporting documentation including proof of ownership, and proof of early paint degradation having occurred, including detailed photographs and/or videos.

Further details and examples as to the proof required for each settlement benefit claimed will be posted on the settlement website once the settlement is approved by the court, along with claims forms and important deadlines.

A settlement administrator, who will be appointed for the court, will determine whether your claim meets the criteria for approval, and the amount, if any.

No. The settlement benefits are only available to class members who sustained early paint degradation within the time specified.

If you submit a valid and timely claim for paint repairs, along with the required proof when the claims period opens, you may be eligible for a contribution towards the paint repair of the parts affected, or to a reduced cash indemnity in lieu thereof, set at 60% of the value of the paint repairs for which you would be eligible.

The maximum amount of paint contribution payable (In-Kind remedy) can be found on the Settlement Website. The available amounts may vary due to a number of factors, including the age of your car, the affected part(s), Class Counsel fees and settlement administration fees.

A settlement administrator, who will be appointed for the court, will determine whether your claim meets the criteria for approval, and the amount of the contribution for Paint Repairs, if any.

If the Settlement is approved and you submit a valid claim, you may qualify to be reimbursed for your past expenses, up to certain amounts.

The maximum amounts can be found on the Settlement Website. The available amounts may vary depending on a number of factors, including the age of your car, the affected part(s), Class Counsel fees and settlement administration fees.

You can apply for a reimbursement if you are a current or a past owner. 2006-2013 Honda Civic vehicle owners may only apply for a reimbursement if they incurred paint repair expenses before May 4, 2015. 2006-2011 Acura CSX vehicle owners may only apply for a reimbursement if they incurred paint repair expenses before September 4, 2017.

A settlement administrator, who will be appointed for the court, will determine whether your claim meets the criteria for approval, and the amount, if any.

Yes. If the Settlement is approved and you submit a valid claim, you may be eligible for reimbursement for loss of value at resale due to early paint degradation, up to certain amounts and subject to the values of the Canadian Black Book for similar vehicles.

The maximum amounts can be found on the settlement website. The settlement benefit  amounts may vary depending on  a number of factors, including the age of your car, Class Counsel fees and settlement administration fees.

A settlement administrator, who will be appointed for the court, will determine whether your claim meets the criteria for approval, and the amount, if any.

No. Professional vehicle resellers are not entitled to any Settlement Benefits.

Body shops are not entitled to make a claim to receive a Settlement Benefit. 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 agree to Honda’s terms and conditions, you could be authorized to perform the paint repairs for Settlement Class Members.

Please contact the Administrator once the Settlement has been approved.

General

In a class action, one or more people called “representative plaintiffs” sue on behalf of others who may have similar claims. One court resolves the issues for all the class members, except for class members who opt out and thereby exclude themselves from the class action.

The class action involves purchasers of 2006-2013 Honda Civics or 2006-2011 Acura CSX vehicles in Quebec. The lawsuit claims that there was early paint degradation on some portions of these vehicles.

Class members include persons who purchased 2006-2013 Honda Civic or 2006-2011 Acura CSX vehicles in Quebec and who claim to suffer or have suffered damages as a result of early paint degradation.

Before the Settlement is approved, you can visit www.cblavocats.com.

If the Settlement is approved, an Administrator will be designated by the Court and will be able to answer your questions. You can register your address on the Settlement Website for updates about the status of the class action.

Yes. If you are a Settlement Class Member, you are represented by Class Counsel. You may reach Class Counsel to obtain further information at no cost to you:

CBL & Associés avocats
22, Paré Street
Granby, Quebec J2G 5C8
c/o: Eric Bertrand or Éric Cloutier
daunais-c-honda@cabinetbg.ca
Tel.: 1-877-707-8008

Cabinet BG Avocat inc.
4725, Métropolitaine East, suite 207
Montreal, Quebec H1R 0C1
c/o: Benoît Gamache
daunais-c-honda@cabinetbg.ca
Tel.: 1-877-707-8008

Your Class Counsel will ask the Court to approve of their fees and disbursements in the file at the June 27, 2022 hearing, for a maximum amount of 25%, plus applicable taxes of the Total Settlement Value.

Class Counsel Fees are not part of the Settlement Agreement and were not negotiated between Honda and Class Counsel.

This site is registered on wpml.org as a development site.