Ford Motor Company

Ontario Superior Court of Justice
Commencement Date: April 19, 2023

Summary

This is a proposed consumer class action against Ford Motor Company and Ford Motor Company of Canada, Limited (collectively “Ford”). This class action alleges that the EcoBoost Engine in certain Ford and Lincoln vehicles were designed by Ford with a dangerous defect, thereby potentially causing a lethal hazard.

Specifically, it is alleged that the EcoBoost Engine in certain model year 2013-2019 Ford and Lincoln vehicles (“Class Vehicles”) have an inherent design defect which makes them predisposed to leak coolant, including allowing the coolant to seep into the engine cylinder, which causes overheating and cylinder head cracking, and can cause the engine to misfire, suddenly stall, or even catch fire while driving.

The alleged affected Class Vehicles are the:

  • 2013-2019 Ford Escape,
  • 2013-2019 Ford Fusion;
  • 2014-2015 Ford Fiesta ST;
  • 2013-2015 Ford Transit Connect;
  • 2015-2018 Ford Edge;
  • 2016-2019 Lincoln MKC; and
  • 2016-2019 Lincoln MKZ

which contained EcoBoost Engines.

For more information, please review our Frequently Asked Questions below. If your specific question is not addressed here, you may email us at [email protected]. Please note that due to the high volume of inquiries regarding this file, our response may be delayed.

Class Membership Criteria

This proposed class action is brought on behalf of:

All persons or entities anywhere in Canada apart from the Province of Québec, who are or were past owners or lessees of the Class Vehicles listed above, and their estates, executors, successors or assigns.

 

Frequently Asked Questions

What is this class action about?

This class action alleges that Ford Motor Company and Ford Motor Company of Canada, Limited (collectively “Ford”) sold certain 2013–2020 Ford and Lincoln vehicles equipped with defective 1.5L, 1.6L, and 2.0L EcoBoost engines. The claim alleges that a design defect in the engine allows coolant to leak. This coolant leakage can cause the engine to misfire, overheat, suffer complete failure, or catch fire. The lawsuit seeks to hold Ford responsible for out-of-pocket repair costs and property damage, and have Ford provide non-defective replacement engines to affected owners and lessees.

What is the current status of the action?

The next major substantive step in this litigation is a certification hearing. At this hearing, the Court will decide whether to allow the lawsuit to formally proceed as a class action based on several legal factors, including whether there is a sufficient basis in fact for the claims being made. Currently, all parties have exchanged their legal materials for the hearing and are conducting cross-examinations. Subject to the Court’s availability, the certification hearing is expected to take place in late November 2026. The Court could take a few months to render its decision regarding the certification hearing, and we do not expect to know whether certification was granted until 2027.

Who is included?

You are automatically covered by this proposed class action if you reside anywhere in Canada (excluding Québec) and currently own or lease, or previously owned or leased, any of the specific class vehicles equipped with a 1.5L, 1.6L, or 2.0L EcoBoost engine. The full list of class vehicles is available HERE.

What do I have to do to be a part of the class action?

You are automatically included in the action if you meet the class definition described above. You do not have to send us any information or documents at this time. If you submit your name and contact information through our website, we will add you to our database and send you an email whenever there is a major update. Please note that subscribing to our email notification list is not a requirement to become a part of the action, but it is the best way to ensure you stay informed.

What if I don’t want to be a part of the action?

If the Court grants certification (likely in 2027, subject to whether there are appeals), we will issue formal notices in accordance with the Court’s directions. This generally includes direct emails to individuals who have contacted us or signed up on our website, website postings, and online advertising campaigns. That notice will contain detailed instructions on how to “opt out” of the class action if you wish to exclude yourself from this class action and pursue an independent claim against Ford rather than being bound by the outcome of this case. Because no one is legally bound by the class action until certification is granted, you are free to commence your own individual action against Ford right now if you prefer, at your own expense.

My car engine is dead and requires immediate replacement. Is there anything that this class action can do?

Because this is still active, ongoing litigation, there is no immediate compensation available to be distributed. It is difficult to determine exactly when this action will be finally resolved, but it is likely at least a year away, and potentially more. Additionally, there are no guarantees that this class action will be successful, and even if it is, there is no way at this time to determine how much any potential recovery for the class would be. In the meantime, any repairs you perform on your vehicle will have to be paid out of pocket.

It is critical that you keep all your documents, including:

  • Reports from your repair shop diagnosing the issue.
  • Invoices identifying the specific repairs performed and their costs.
  • Proof of payment.
  • Receipts for any additional out-of-pocket expenses, such as a rental car while your vehicle was being repaired.

If the class action is ultimately successful, you will be required to submit a formal claim backed by these supporting documents to receive your compensation.

What types of compensation will be available?

We are seeking a variety of remedies in this action, including reimbursement for out-of-pocket expenses incurred to identify and repair the Defect, the cost of replacing defective engines or destroyed vehicles, compensation for property damage resulting from engine fires, the diminution in value of the vehicles, and punitive damages. However, it is difficult to predict the exact final outcome at this stage. Compensation will depend on whether the action is resolved through a trial or a settlement. If it goes to trial, the outcome will depend on which specific claims are successful; if it settles, it will depend on the negotiated terms. Regardless of the path, any compensation distributed to class members and the formula used to calculate it must be strictly approved by the Court, which is tasked with protecting the interests of the class. If a settlement is reached, you will have the opportunity to review the terms of the agreement—including the proposed plan of allocation—and you may voice any objections to the Court at a formal settlement approval hearing.

If I sell my car or trade it for another vehicle, would I still be entitled to compensation?

Yes, the proposed class definition specifically includes a “Past Owner Subclass,” which covers individuals who were previously owners or lessees of the class vehicles but no longer own them. Therefore, we will be seeking compensation on your behalf even if you sell or trade in your Ford vehicle. However, for the reasons noted above, it is premature to definitively say whether past owners will ultimately be entitled to compensation, what kind of losses will be covered, or how much compensation might be available.

Ford offered to replace my engine for free or at a discount. Should I accept it?

We cannot offer personalized legal advice to individual class members, so we recommend that you seek independent legal counsel as appropriate for your specific situation. When making your decision, please keep in mind that there is no guarantee this class action will be successful, nor is there a guarantee regarding how much of your out-of-pocket expenses it might ultimately cover. Additionally, unless Ford requires you to sign a legal release or a class action waiver as a condition of their offer, accepting a discount or repair from them may not necessarily disqualify you from seeking compensation for your remaining out-of-pocket expenses through this class action.

Acceptance