Hyundai/Kia Vehicle Defect Class Actions

Hyundai/Kia Vehicle Defect Class Actions

Your Hyundai or Kia vehicle may be part of one or more of the below actions. Please read each of the following linked webpages carefully.

• Hyundai/Kia Gamma 1.6L and Nu 2.0L GDI Engine and Theta II 2.4L MPI Engine Class Action;
• Hyundai/Kia Electrical Fire Defect Class Action;
• Hyundai/Kia Oil Consumption Defect Class Action; and,
• Settled Hyundai/Kia 2.0L and 2.4L Theta II GDI Engine Class Actions.

Hyundai/Kia Gamma 1.6L and Nu 2.0L GDI Engine and Theta II 2.4L MPI Engine Class Action

Update: May 23, 2023

McKenzie Lake Lawyers LLP, along with Strosberg Sasso Sutts LLP, is pursuing a class action on behalf of all persons, corporations or other entities resident in Canada who are current or former owners and/or lessees of one or more of the below-listed Hyundai or Kia vehicles with a Gamma 1.6-litre GDI engine, a Nu 2.0-litre GDI engine, or a Theta II MPI engine. The action alleges that these vehicles have a latent engine defect that can result in sudden engine seizure, engine failure, and/or a non-collision engine fire.

This action is still in the early stages.

If your vehicle appears in the table above and has a Gamma 1.6-litre GDI engine, a Nu 2.0-litre GDI engine, or a Theta II MPI engine, and you would like to be added to our database of potential class members (to receive important updates and notices), please email hyundaikia@mckenzielake.com with all of the following information:

• your current contact information (full mailing address, telephone number, etc.);
• your vehicle information (including its exact engine type and size);
• your vehicle’s VIN (please double check to ensure that all 17 characters are correct); and,
• a brief description of your experience with this engine defect, including relevant dates.

Please note that class actions can take several years to advance through the courts. Once we receive your information, there is nothing further you need to do at this time. We will update our database with your information and will contact you directly if there is anything further that we need from you. In the meantime, we ask that you keep all documentation regarding your vehicle and any engine-related repairs, including all rental vehicle receipts, as these documents may be required further down the road. If your contact information changes, please update us accordingly by sending an email to hyundaikia@mckenzielake.com.

All important updates regarding the status of this lawsuit will be posted here. We invite you to check this webpage for updates periodically.

The frustration with getting important replacement parts is a shared experience. Sadly, there is nothing we can do to expedite the process on your behalf. We are hopeful that this class action puts some pressure on these manufacturers to better respond and take care of their customers. You may need to reach out to Hyundai Canada/Kia Canada directly to discuss your issues with your vehicle and dealership.

Documents:

• Fresh as Amended Statement of Claim, filed May 23, 2023
• Consolidation Order, dated April 18, 2023

Hyundai/Kia Electrical Fire Defect Class Action

Update: September 2, 2025

We are pleased to announce that a proposed Settlement has been reached in two class action lawsuits against Hyundai Auto Canada Corp, Hyundai Motor Company, Hyundai Motor America, Inc, Hyundai Motor Manufacturing Alabama, LLC, Kia Canada Inc, Kia Corporation, Kia America, Inc, and Kia Georgia, Inc (the “Defendants”): Wolfe v Hyundai Auto Canada Corp, et al (on behalf of Settlement Class Members outside of Québec) and Kodybko v Hyundai Auto Canada Corp, et al (on behalf of Settlement Class Members in Québec). The lawsuits allege that the Settlement Class Vehicles suffer from an alleged defect that can cause engine compartment fires and loss of anti-lock brake system (“ABS”) functionality, and that some owners and lessees have been improperly denied repairs under warranty. The Defendants deny those allegations, and the Court did not decide who was right. The Parties have instead decided to settle the lawsuits.

Who Are Settlement Class Members in the Proposed Settlement?

You are a Settlement Class Member if you are a person (including an individual or entity) who purchased or leased a Settlement Class Vehicle in Canada. Not all Settlement Class Members are eligible to receive settlement benefits. Some exceptions apply. See question 5 in the long-form Notice of Certification for Settlement Purposes and Settlement Approval Hearing for more information about who is excluded from the proposed Settlement.

The Settlement Class Vehicles are as follows:

The Proposed Settlement

If the proposed Settlement is approved by the Court, Settlement Class Members may be eligible for the following settlement benefits:

• extended or additional warranty coverage for repairs resulting from an electrical short circuit in the ABS control module (“ABS Module”) and/or failure of the ABS Module that results in engine compartment damage due to smoke or fire;
• free one-time inspection of Settlement Class Vehicles’ ABS Modules;
• cash payment for qualifying past out-of-pocket repairs;
• cash payment for qualifying past repair-related expenses; and/or,
• cash payment for Settlement Class Vehicles lost due to certain engine fires.

Settlement Approval Hearing

The Court will hold a Settlement Approval Hearing on November 10, 2025 at 10:00am PST to consider whether or not to approve the proposed Settlement. The Settlement Approval Hearing will take place virtually over Microsoft Teams and in person at the Supreme Court of British Columbia, 800 Smithe St, Vancouver, BC, V6Z 2E1. When available, the link for virtual attendance at the Settlement Approval Hearing will be posted on www.hyundaiabsmodulesettlement.ca and www.kiaabsmodulesettlement.ca.

The legal fees to Class Counsel may also be approved at the Settlement Approval Hearing, but that amount will be paid separately and will not reduce the settlement benefits to Settlement Class Members.

Check the settlement website applicable to your Settlement Class Vehicle (www.hyundaiabsmodulesettlement.ca or www.kiaabsmodulesettlement.ca) regularly after the Settlement Approval Hearing to see if the Settlement has been approved. You can also provide your email address to the Administrator or Class Counsel to be notified by email if the Settlement is approved.

Note: At this time, there are no settlement benefits available for Settlement Class Members. The claims process has not yet begun. If the proposed Settlement is approved, Settlement Class Members may make a Claim for settlement benefits under the Settlement.

Your Legal Rights and Options

• If you support the proposed Settlement, you do not have to do anything at this time. If the Court approves the Settlement and you are eligible, you will be able to submit a Claim for settlement benefits. Check the settlement website applicable to your Settlement Class Vehicle (www.hyundaiabsmodulesettlement.ca or www.kiaabsmodulesettlement.ca) regularly after the Settlement Approval Hearing to see if the Settlement has been approved. A further notice will be published there if the proposed Settlement is approved, letting you know how to make a Claim and the deadline for doing so. You can also provide your email address to the Administrator or Class Counsel to be notified by email if the Settlement is approved.

• If you do not like the proposed Settlement and want to tell the Court why you do not like it, you can object to the proposed Settlement and/or Class Counsel Fees, and attend the Settlement Approval Hearing to present that objection. To object, you are asked to submit a signed written objection statement to the Administrator on or before November 3, 2025.

• You can exclude yourself from the Settlement (opt out), in which case, you will not be eligible to receive any settlement benefits. If you wish to exclude yourself from the proposed Settlement and preserve your legal rights against the Defendants, you must submit a signed and completed Opt-Out Form to the Administrator on or before November 3, 2025. A copy of the Opt-Out Form can be obtained from the settlement website applicable to your Settlement Class Vehicle (www.hyundaiabsmodulesettlement.ca or www.kiaabsmodulesettlement.ca) or by reaching out to the Administrator at the contact information below.

Your legal rights and options – and the deadlines to exercise them – are explained in more detail in the long-form Notice of Certification for Settlement Purposes and Settlement Approval Hearing and on the settlement website applicable to your Settlement Class Vehicle (www.hyundaiabsmodulesettlement.ca or www.kiaabsmodulesettlement.ca). Please read the long-form Notice of Certification for Settlement Purposes and Settlement Approval Hearing carefully.

For clarity, if you are a Settlement Class Member and you wish to make a Claim, you are not required to do anything until after the Settlement is approved. The claims process has not yet begun. If the Settlement is approved, Settlement Class Members will have 90 days to make a Claim by submitting a Claim Form, from the Effective Date or date on which the Approval Notice is distributed, whichever is later.

Documents Related to this Update

• View a copy of the short-form Notice of Certification for Settlement Purposes and Settlement Approval Hearing (Hyundai/Genesis) here (English)/French).
• View a copy of the short-form Notice of Certification for Settlement Purposes and Settlement Approval Hearing (Kia) here (English/French).
• View a copy of the long-form Notice of Certification for Settlement Purposes and Settlement Approval Hearing (Hyundai/Genesis) here (English/French).
• View a copy of the long-form Notice of Certification for Settlement Purposes and Settlement Approval Hearing (Kia) here (English/French).
• View a copy of the Settlement Agreement here (English/French).
• View a copy of the Opt-Out Form here (English/French).
• View a copy of the Pre-Approval Order here.

How Do I Get More Information?

For more information, please reach out to the Administrator at the following contact information:

ABS Module Settlement Administrator
c/o Verita Global, LLC
PO Box 3355
London, ON  N6A 4K3
Toll-Free Telephone: 1-888-777-9480 (for Hyundai/Genesis vehicles) or 1-888-808-8157 (for Kia vehicles)
Email: support@hyundaiabsmodulesettlement.ca (for Hyundai/Genesis vehicles) or support@kiaabsmodulesettlement.ca (for Kia vehicles)
Website: www.hyundaiabsmodulesettlement.ca (for Hyundai/Genesis vehicles) or www.kiaabsmodulesettlement.ca (for Kia vehicles)

If you have any questions for Class Counsel, please reach out to us by email or by phone at 1-844-672-5666. If you are a Settlement Class Member based in Québec, please reach out to Class Counsel in the Québec Action (Slater Vecchio LLP) at 1-877-782-4815 or hyundaikia.abs@slatervecchio.com.

Other Documents

• View a copy of the Amended Notice of Civil Claim in the Wolfe Action here.

Hyundai/Kia Oil Consumption Defect Class Action

Update March 27, 2025:

McKenzie Lake Lawyers LLP along with Dusevic & Garcha, were pursuing a class action on behalf of all persons, corporations or other entities who purchased or leased one or more of certain Hyundai/Kia vehicles.  This action alleged that certain Hyundai/Kia vehicles have a latent design and/or manufacturing defect that could result in excessive engine oil consumption and lead to sudden and unexpected engine staling, loss of power, and catastrophic engine failure.

McKenzie Lake Lawyers LLP has decided it will not be pursuing this action any further. 

Hyundai/Kia 2.0L and 2.4L Theta II GDI Engine Class Actions

Update: February 14, 2023

If you own or lease one of the below-listed Hyundai or Kia vehicles with a Theta II 2.0-litre or 2.4-litre GDI engine, your vehicle may be part of these now-settled class actions. Although the claims deadline (July 19, 2021) has passed and these actions have now been discontinued, if your vehicle received the KSDS software update, you may still be eligible for the Lifetime Warranty that was part of the settlement.

The Lifetime Warranty applies to any type of repair, replacement, diagnosis, or inspection of the vehicle’s short block assembly (consisting of the engine block, crankshaft and bearings, connecting rods and bearings, and pistons) due to a connecting rod bearing failure or symptoms associated with connecting rod bearing failure, except in the event of Exceptional Neglect.

For more information about the Lifetime Warranty, please read the Settlement Agreement and/or the applicable informational pamphlet prepared as part of the settlement:

• Hyundai 2.0L and 2.4L Theta II GDI Engine Informational Pamphlet (English);
• Brochure d’informations sur le moteur IDE Theta II de 2,0 litres ou de 2,4 litres de votre véhicule Hyundai (Français)
• Kia 2.0L and 2.4L Theta II GDI Engine Informational Pamphlet (English);
• Brochure d’informations sur le moteur IDE Theta II de 2,0 litres ou de 2,4 litres de votre véhicule Kia (Français)
• Settlement Agreement (disponible en anglais seulement)

Other Documents:

• Discontinuance Order in the McBain Action (Hyundai)
• Discontinuance Order in the Asselstine Action (Kia)
• Notice of Settlement Approval (Hyundai)
• Notice of Settlement Approval (Kia)
• Reasons for Decision (Settlement Approval) of Justice Glustein of the Ontario Superior Court of Justice, dated March 9, 2021
• Settlement Approval Order, dated March 9, 2021
• Certification for Settlement Purposes and Notice Approval Order in the McBain Action, dated November 5, 2020
• Certification for Settlement Purposes and Notice Approval Order in the Asselstine Action, dated November 5, 2020
• Statement of Claim in the McBain Action (Hyundai), issued June 10, 2019
• Statement of Claim in the Asselstine Action (Kia), issued June 27, 2019