Class Action Against Nissan Canada Inc.

On July 28, 2025, our firm filed an Application for Authorization to Institute a Class Action against Nissan Canada Inc. (hereinafter ” Nissan “). This action seeks compensation for the damage suffered by the white vehicles of the class members, affected by a paint chipping problem, as well as the award of damages and punitive damages.

Our client’s story

On August 31, 2017, our client leased a new white 2017 Nissan Micra vehicle from her dealership for a period of forty-eight (48) months. She chose this model because of its affordability, the brand’s reputation for reliability, and the fact that it is a small vehicle with a hatchback. During the entire duration of this rental, the vehicle’s paint is free of defects.

On August 31, 2021, our client purchased the vehicle, even though the odometer showed approximately twenty-five thousand (25,000) kilometres and no sign of paint chipping was observed. However, in April 2024, approximately two (2) years and seven (7) months later, she noticed that the paint began to peel off the tailgate of her vehicle, which then displayed approximately forty-five thousand (45,000) kilometres. She went to her dealer to report the problem, but he refused any free repairs, citing the expiration of the warranty.

The chipping worsens in the months that follow. Today, her vehicle has approximately fifty thousand (50,000) kilometres, and she is concerned that the paint will continue to deteriorate, whether on the tailgate or other parts of the vehicle.

However, our client believes that it is abnormal that such a problem occurs after only six (6) years of use and low mileage, despite careful maintenance and careful driving. It was never informed of the existence of a risk of premature deterioration of the paint and no recall or information campaign was undertaken by the defendant. Our client would not have purchased this vehicle, or paid such a price, if she had been notified of this issue directly affecting the quality and reliability of the property.

While searching the Internet, our client notices, especially through forums and blog articles, that a large number of owners of white Nissan vehicles suffer from the same problem of paint chipping.

The proposed class action

In accordance with the Civil Code of Québec, every seller is required to deliver a property free of latent defects that make it unfit for the use for which it is intended or by reducing its usefulness to such an extent that the buyer would not have acquired it or would not have paid such a high price if he had known about it.

However, the vehicles distributed by the defendant have a serious defect, namely premature peeling of the paint directly affecting their appearance, durability and market value. Buyers expect their vehicle’s body to be protected by a durable paint that is properly applied and able to prevent wear and corrosion under normal use for a reasonable period of time.

In addition, since most of the members of the Group are consumers, they benefit from the protection of the Consumer Protection Act, which aims to ensure a balance between merchants and consumers and to guarantee complete information before the acquisition of a good.

However, the defendant breached its obligation to deliver a compliant, defect-free good and failed to disclose a material fact relating to the quality of its vehicles, thereby depriving consumers of an informed choice and causing them to pay a price they would not otherwise have accepted.

As a result of this lack of transparency on the part of Nissan, the class action proposed by our firm argues that consumers have suffered harm, as their vehicles deteriorated prematurely in relation to their reasonable lifespan given their price and normal use.

We estimate that this prohibited practice has affected several hundred, if not thousand, consumers in Quebec.

Thus, we are seeking, on behalf of our client and all members of the aggrieved class, damages as well as punitive damages, in order to sanction Nissan’s negligent, reckless and deceptive conduct.

The proposed class

This class action concerns all persons who have purchased or leased a white Nissan motor vehicle on a long-term basis.

Applications lodged with the Court

Application for authorization to bring a class action

Current status of the file

Awaiting authorization by a judge of the Superior Court.

How to be part of the class action

If you fall within the definition of the class covered by this class action, you are automatically part of the class action.