5 Oct 2023
Rego v. Bayerische Motoren Werke AG
In the case of Rego v. Bayerische Motoren Werke AG, dated October 5, 2023, plaintiffs Patricia North and Dinis Rego, who represented BMW drivers, had sought access to justice through a class action lawsuit. The case had revolved around allegations of defects in certain BMW vehicles made by the defendants Bayerische Motoren Werke AG, BMW of North America, LLC, and BMW Canada Inc. The plaintiffs had claimed that these defects had posed a significant risk, while the Defendants had argued that there had been no evidence of such issues and no recoverable loss.
The plaintiffs had aimed to represent approximately 66,600 owners/lessees of BMW vehicles from 2011 to 2015 with allegedly defective N20 engines. However, the defendants had disputed the class's viability. Regarding class action procedure, the plaintiffs had sought certification under the Class Proceedings Act, while the defendants had opposed it, asserting that each claim had unique causation and liability issues.
The plaintiffs had argued that the defendants' marketing of vehicles with a defective engine part had constituted a tort, but the defendants had contended that this had not fallen within the scope of tort law.
Ultimately, the court had certified the class action but had narrowed the cause of action and reduced the class size. The case had had a mixed outcome, with no costs having been awarded to either party.