A national class action lawsuit was commenced in Québec (the “Class Action”) against Arctic Cat (the “Defendant”). The Plaintiff in the Class Action alleges that the starter installed in the Affected Snowmobiles was deficient and seeks damages from the Defendant.

The Defendant denies any wrongdoing or liability. Nonetheless, a National Settlement Agreement has been reached whereby all claims by those who purchased or leased the Affected Snowmobiles will be settled (the “National Settlement Agreement).

A National Settlement Agreement was approved by the Superior Court of Québec on July 30, 2021. The National Settlement Agreement is available for viewing by clicking here. The Court order approving the National Settlement Agreement is also available for viewing by clicking here, as is the Court order on an Application for Means of Implementation of the National Settlement Agreement by clicking here.

In a class action, the Plaintiff acts as “Representative Plaintiff” and sues on behalf of themselves and other people who have similar claims. This group of people is called the “Class,” and the people in the Class are called “Class Members.” One court resolves the issues for all Class Members. The lawyers who act for the Representative Plaintiff are called “Class Counsel”.

In this Class Action, the Court appointed Laury Harvey to serve as Representative Plaintiff and appointed Siskinds, Desmeules, Avocats to serve as Class Counsel. Superior Court of Québec Court File No. 200-06-000225-188.

Settlement Class Members are all persons who purchased or leased an Arctic Cat snowmobile with a 7000 or 1049cc engine of the following models, in Canada for the years 2014 to 2018, and who did not validly opt out of the National Settlement Agreement:

You may check to see if your VIN is included in the list of potentially eligible VINs by clicking here.

In order to determine whether you are entitled to receive Repair Work Credit under Category 2, click here to check to see if your snowmobile is included in the List of Category 2 Eligible VINs.

A National Settlement Agreement was approved by the Superior Court of Québec on July 30, 2021. The National Settlement Agreement is available for viewing by clicking here. The Court order approving the National Settlement Agreement is also available for viewing by clicking here, as is the Court order on an Application for Means of Implementation of the National Settlement Agreement by clicking here.

The National Settlement Agreement provides for the following Settlement Benefits to Settlement Class Members, subject to the terms and conditions stipulated therein.

A. Category 1 Claim (Extended Repair Program)
B. Category 2 Claim (Repair Work Credit)
C. Category 3 Claim (Out of Pocket Expenses)
D. Category 4 Claim (Settlement Benefit to Past Owners)

1. Category 1 Claim (Extended Repair Program)

   Eligible Settlement Class Members may be entitled to an installation of the Permanent Fix by an Authorized Dealer under the Extended Repair Program prior to January 30, 2026 or up to 30,000 kilometers Traveled, whichever comes first. The Permanent Fix installation is free of charge, for each Affected Snowmobile the Settlement Class Member own or lease at the time of the Claim.

   To be entitled to this Settlement Benefit, Settlement Class Members must contact any of the Authorized Dealers listed below to have the control unit of the starter reprogrammed under Arctic Cat’s Service Bulletin BS201810, free of charge, for each Affected Snowmobile they own or lease, no later than January 30, 2026.

   Click here to review the list of Authorized Dealers.

   NOTE: If an entitlement to such benefit is confirmed by the Defendant, the Settlement Class Member must comply with the directives given by or on behalf of the Defendant, including by their Authorized Dealers, to schedule and ensure the proper and timely installation of the Permanent Fix.

2. Category 2 Claim (Repair Work Credit)

   The Repair Work Credit benefit is a credit at the disposal of Settlement Class Members, who prior to September 14, 2020 had the control unit of the starter reprogrammed under Arctic Cat’s Service Bulletin BS201506 or Service Bulletin BS201706 for any Affected Snowmobile. These Settlement Class Members may be entitled to receive a single Credit of either CAN $80 or $160, as the case may be, irrespective of the number of Affected Snowmobiles owned or leased, redeemable against any Available Transaction made during the Claims Period.

   The only way to receive Settlement Benefits pursuant to Category 2 Claims (Repair Work Credit) is to submit a timely and valid Claim.

   The Claim Form will require that you provide:

   a) Personal information and your coordinates;

   b) Information about your Affected Snowmobile.

   To be considered timely, the Claim Form must be postmarked no later than June 1, 2024 and received by the Claims Administrator no later than June 30, 2024. If one (1) of these deadlines is not met, you will not be entitled to any Settlement Benefits.

   If you believe you are entitled to receive Repair Work Credit, you may use the Arctic Cat VIN look up tool to verify if your snowmobile is included in the List of Category 2 Eligible VINs.

3. Category 3 Claim (Out of Pocket Expenses)

   Out-of-Pocket Expenses is a single Credit for Settlement Class Members, who prior to September 14, 2020 incurred Compensable Out-of-Pocket Expenses, namely snowmobile towage expenses, transportation expenses, accommodation expenses, food and beverage expenses or costs for a Starter Repair, as a result of a Starter Deficiency. These Settlement Class Members may be entitled to receive a single Credit of CAN $200 per Incident, up to a maximum of three (3) Incidents, for a maximum combined Credit value of CAN $600, as the case may be, irrespective of the number of Affected Snowmobiles owned or leased, redeemable against any Available Transaction made during the Claims Period Available Transaction made during the Claims Period.

   The only way to receive Settlement Benefits pursuant to Category 3 Claims (Out-of-Pocket Expenses) is to submit a timely and valid Claim.

   In addition to the information required under Category 2 above, the Claim will require that you provide information and the corresponding documentation regarding the incurrence of these Compensable Out-of-Pocket Expenses.

   To be considered timely, the Claim Form must be postmarked no later than June 1, 2024 and received by the Claims Administrator no later than June 30, 2024. If one (1) of these deadlines is not met, you will not be entitled to any Settlement Benefits.

4. Category 4 Claim (Settlement Benefit to Past Owners)

   Settlement Benefit to Past Owners is for Settlement Class Members who can establish their entitlement to receive a Credit pursuant to Category 2 (Repair Work Credit) and/or Category 3 (Out of Pocket Expenses) Claim and establish that that they:

   1. 1. had the status of Past Owner and;

   2. 2. sold their Affected Snowmobile prior to September 14, 2020.

   These Settlement Class Members may be entitled to recover an amount payable in cash equal to the combined value of the Credits they would otherwise be entitled to receive and redeem during the Claims Period.

   Eligible Past Owners may be entitled to recover, on an individual basis, an amount payable in cash equal to the combined value of the Credits to which they would otherwise be entitled under Category 2 and/or Category 3 Claim.

   The only way to receive Settlement Benefits pursuant to Category 4 Claims (Settlement Benefits to Past Owners) is to submit a timely and valid Claim. If you do not timely submit a completed Claim, you will not be entitled to receive this benefit pursuant to the National Settlement Agreement but will be bound by its remaining terms. In addition to the information required under Category 2 and Category 3 above, the Claim Form will require to provide information, such as a copy of the sale agreement for each Affected Snowmobile.

   To be considered timely, the Claim Form must be postmarked no later than June 1, 2024 and received by the Claims Administrator no later than June 30, 2024. If one (1) of these deadlines is not met, you will not be entitled to any Settlement Benefits.

You are a Past owner if:

1. prior to September 14, 2020, you had been the owner of an Affected Snowmobile, and

2. you are currently neither the owner or lessee nor the spouse or common law partner of an owner or lessee (i) of an Affected Snowmobile nor (ii) of a snowmobile manufactured, distributed, leased or sold in Canada by a Defendant or its Authorized Dealers, and

3. you sold all your Affected Snowmobiles on a date which is subsequent to the circumstances for which Settlement Benefits are offered pursuant to Category 2 and/or Category 3.

The Claims Administrator may, in its discretion, permit a Settlement Class Member who makes a timely Claim to remedy minor deficiencies in such Claim Form or related documentation. In such a case, the Claims Administrator will inform the Settlement Class Member of the minor deficiencies to be remedied within thirty (30) days of its receipt of the Claim Form and the Settlement Class Member shall remedy the minor deficiencies identified within thirty (30) days of the Claims Administrator’s request.

Any person who does not respond to such a request for information within this period may be barred from receiving benefits from the National Settlement Agreement.

In general, valid Category 2 and/or 3 Claims will be issued a credit as they are approved by the Claims Administrator. This may take several weeks from when you submit your Claim, and may be longer if additional information or documentation is required in order to process the Claim.

Category 4 Claims will receive a single cash payment no later than ninety (90) days after the Claims Administrator’s determination of the Settlement Class Member right to receive a payment in cash.

NOTE: The Settlement Class Members may be asked by the Claims Administrator or Defendant any additional information, including personal information, that may be deemed necessary by them to ensure the safe and reliable issuance, tracking, administration, conversion and cancellation of used or unused Credits.

A Credit validly issued pursuant to Category 2 Claim (Repair Work Credit) and Category 3 Claim (Out of Pocket Expenses) but not used during the Claims Period will expire and no longer be valid nor redeemable as of January 30, 2026. If such Credit is used during the Claims Period against any Available Transaction, the unused balance thereof, if any at the Claims Deadline, will be convertible in cash and paid to the Settlement Class Members, on an individual basis, as a single lump sum payment effected by the Claims Administrator by way of an appropriate and cost effective way to transfer funds no later than ninety (90) days after the Claims Deadline.

NOTE: A Credit validly issued pursuant to Category 2 Claim (Repair Work Credit) and Category 3 Claim (Out of Pocket Expenses) must be used during the Claims Period to be convertible in cash and paid to the Settlement Class Members. For clarity, no credit will be converted in cash and paid to a Settlement Class Member if they do not use the Credit during the Claims Period.

Class Counsel is Siskinds, Desmeules, Avocats.

Class Counsel is tasked with acting in the best interests of the Class as a whole. You may contact Class Counsel for information about the National Settlement Agreement.

Please see the Contact Us page on this website.

Class Counsel Fees and Class Counsel Supplemental Fees approved by the Court will be paid by the Defendant, over and above the Settlement Benefits, subject to the Court’s approval and review of the relevant billing narratives, which shall be justified and reasonable. Class Counsel agrees to bring the necessary applications with supporting documents before the Court for approval. Class Counsel Fees and Class Counsel Supplemental Fees, as approved by the Court, will be paid by Defendant directly to Class Counsel within ninety (90) days of their approval.

Questions for the Claims Administrator should be directed to:

Epiq Class Action Services Canada Inc.
Attention: Arctic Cat National Class Action Settlement Claims Administrator
P.O. Box 507 STN B
Ottawa ON K1P 5P6
Email: info@arcticcatnationalclassaction.ca
Telephone: 1-833-683-5866
Fax: 1-866-262-0816

Questions for Class Counsel should be directed to:

Siskinds, Desmeules, Avocats
Attention: Mtre Karim Diallo
43 Buade Street – Office 320
Québec QC G1R 4A2
Email: recours@siskinds.com
Tel: 1-418-694-2009
Fax: 1-418-694-0281

The administration of the NSA with respect to Yamaha is now completed. This claims process concerns only the owners or lessees of Affected ACT Snowmobiles.