Automobile Protection Association vs. Toyota Canada

September 30th, 2011

The deadline for submitting a claim in this class action has now passed. The Quebec Court of Appeal ruled that fees charged by Toyota to transfer an extended warranty to a subsequent vehicle owner are prohibited in Quebec under the Consumer Protection Act. Toyota was ordered by the Court to repay fees paid by consumers to transfer its extra cost ECP warranty between March 31, 1996 and February 29, 2000. Refunds ranged from $50 to $220 (less 20% payable to the lawyer acting for the plaintiffs).

The APA managed to find 520 consumers who had not received a refund cheque because Toyota's records were no longer current. In August 2011, their names and contact information were forwarded to Lavery de Billy, the law firm acting for Toyota in Quebec. They are holding the refund money in a special trust account as directed by the Court. The total value of the claims submitted by the APA is approximately $55,000.

On September 29, the day after a case management conference with the judge, Toyota`s lawyer reported that first group of cheques would be mailed within a few days, and that the remainder would follow in a few weeks.

On November 30, Toyota will be providing an accounting of its distribution of monies in the file. The next conference with the judge has been scheduled for December 14.

If you received the notice regarding this settlement dated July 15, 2011, and do not receive a refund by the end of October 2011, we are asking you to CONTACT THE APA. We will bring your situation to the attention of Toyota's lawyers before they deliver their report to the Superior Court in November. Write us at

Class Actions