Appeal Questions

1. How can I appeal the Claims Administrator’s decision on my claim?

If you believe that the denial of your claim was improper under the terms of the Settlement Agreement, you may appeal the decision by submitting your claim form and an explanation of the alleged error to the Claims Administrator within 30 days after you have been notified of the decision to reject your Claim or the amount to be paid pursuant to the Claim.

  • Timing: The appeal must be postmarked within thirty days of the date on the letter from the Claims Administrator informing you that your claim had been denied.
  • Contents: Your appeal must contain three things:
    • a copy of your claim form;
    • a copy of the letter from the Claims Administrator notifying you of its decision; and
    • a statement explaining the basis of your appeal, including an explanation of how the Settlement Administrator’s decision was incorrect under the terms of the Settlement Agreement.
  • Address: You must mail your appeal to:
    APPEAL REQUEST
    CANADIAN NAVISTAR DIESEL ENGINE CLASS ACTION SETTLEMENT
    CLAIMS ADMINISTRATION CENTER
    P.O. Box 37 Windsor A, Windsor, ON N9A 6J5, Ontario, Canada.

Any such appeal shall be dealt with first by the Claims Administrator, which will try to settle it. If there is still a dispute, Class Counsel and Defence Counsel shall meet, confer and attempt to reach a resolution and, if unable to resolve the issue, shall submit for decision any issue on which they disagree to the judge of the Ontario Superior Court of Justice or of the Superior Court of Quebec, as the case may be.


2. When must I submit my appeal?

Your appeal must be postmarked within 30 days of the date of the letter from the Claims Administrator notifying you of its decision. Any appeal postmarked after this date will not be considered.


3. My claim was denied for insufficient information, but I do not plan to resubmit the claim to the Claims Administrator. When can I submit my appeal?

If you do not wish to attempt to provide additional information or documents to remedy your claim, you may submit an appeal at any point within thirty days from the date of the letter from the Claims Administrator notifying you of its decision. By choosing not to resubmit the claim to the Claims Administrator, you are waiving your right to attempt to cure any deficiency. While you may submit an appeal arguing that the information you provided with your claim should have been found to be sufficient, you may not use the appeal to attempt to cure the deficiency by submitting additional documents.


4. Can I provide additional documents with my appeal?

No. Other than the statement explaining the basis of your appeal, the appeal will be decided on only those documents that you submitted to the Claims Administrator as part of your claim (or as part of any resubmission of your claim to the Claims Administrator).


5. What are proper grounds for appeal?

You may submit an appeal if you believe the Claims Administrator’s decision did not follow the terms of the Settlement Agreement. For a summary of the available benefits and requirements, click here. To read the Settlement Agreement, click here.
Claims denied for the following reasons may not be appealed:

  • Claims not postmarked by the appropriate deadline:
    • Any claim originally submitted after July 31, 2017, the deadline for submission of claims;
    • Any resubmission of a claim originally denied for insufficient documentation more than 30 days after the date of the letter from the Settlement Administrator notifying you of its decision.
  • Claims involving a vehicle identified as not eligible to participate in the Settlement that did not include the required Form to Establish Eligibility.


6. Who will review my appeal?

Your appeal will be reviewed first by the Claims Administrator, which will try to settle it. If there is still a dispute, Class Counsel and Defence Counsel shall meet, confer and attempt to reach a resolution and, if unable to resolve the issue, shall submit for decision any issue on which they disagree to the judge of the Ontario Superior Court of Justice or of the Superior Court of Quebec, as the case may be.