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Class Actions > Michael Malc vs. Mercedes Benz Canada Inc.
Together with Colin Stevenson and Harvin Pitch, Levine Sherkin Boussidan commenced a class action in Ontario against Mercedes-Benz Canada Inc. alleging that 1998 and later model Mercedes-Benz vehicles were equipped with a defective "flexible service system". This system is designed to monitor a car’s driving condition and notify, among other things, when an oil change is required. The alleged problem with the flexible service system occurs when the driver uses conventional oil instead of synthetic oil. Mercedes-Benz at the time did not recommend that only synthetic oil be used.
The class action alleges that whereas the flexible service system recommends oil changes between 10,000 and 20,000 miles, an actual change is required much earlier with conventional oil and failure to change the oil is said to cause engine damage and risk of harm to occupants and road users.
It is anticipated that the Canadian action will proceed to certification at some point in the near future.
The Statement of Claim in the class action can be viewed here
A comparable action in the U.S. has been settled. The Ontario class action continues.
 
 

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