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Canadian Leasing Companies Suing Government, BMW, and Mercedes-Benz

Written By: Dustin P. Walsh

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Two leasing companies in Canada have hit the warpath to uncover a conspiracy between the Canadian Government and automakers to keep vehicles high within the country.

Fournier Leasing Co. Ltd. and Canadian Auto Associates Ltd. have sued Transport Canada, the Canada Border Services Agency, BMW Canada, Mercedes-Benz Canada, and Mercedes-Benz USA in a lawsuit that alleges the strict requirements for people or companies to import cars into Canada enabled a 20 percent to 30 percent spike in cars sold in Canada versus similar U.S. models. The two companies are seeking damages that total in excess of $1 billion.

(More details after the jump)

A statement filed with the Ontario Superior Court said, “These additional charges, fees procedures and restrictions prevent more competitively priced Mercedes vehicles from entering into the Canadian market, thereby enabling the Mercedes defendants to charge higher prices for new vehicles sold and leased by them in Canada.”

None of the automakers involved have commented on the legal actions.

+ The Globe and Mail: Ottawa sued over car import rules

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5 Comments

EmmEff February 28th, 2008 12:46 PM Link

It is doubtful that the good guys (read- *not* BMW or M-B) will win this… the cars can still be legally imported, however the process is more difficult than before and the expense higher.

With that said, I certainly do not agree with the new policies imposed by BMW or M-B but I feel that the RIV is just as much as fault to let such practice happen in the first place.

Josh February 28th, 2008 1:39 PM Link

From what I’ve gathered (As someone who imported a BMW almost a year ago, and is looking to do it again this year) -

RIV has no control on the admissibility of vehicles or not, since Transport Canada does not determine if a vehicle meets the standards it puts out, only the car companies do that. Therefore, BMW, MB (Plus a few more are starting to make it more and more difficult) has said that in order for them to verify that it is even admissible, we’re going to charge $500 for a letter saying saying stating the admissibility of it. Then once back in Canada, they are able to basically charge for whatever they deem “not up to standards”. As mentioned, some of these standards are the bumper, but some are as “low” as charging $1500 to replace the instrument cluster because it does not support day time running lights - and yet you can enable DRL’s via iDrive no matter the IC.

If I were to import the same BMW as I did last year (Z4), I would incur the following ‘new’ costs:
$250 - Letter stating it is admissable
$500 - Letter stating it has no recalls
$300 - For a “Canadian BMW Certified Technician” to verify the vehicle has DRL’s, even if it standard.
$1300 - New “compatible” instrument cluster.

Even with all the new costs, it would still be far cheaper to import it than it would be to buy it up here (incl. transport, tax etc.)

As far as my story goes, these new protectionism policies have made me look to another automobile maker for my next purchase.

Winding Road » Archive » Drunk On Riding Mower Leads Police on Low-Speed Chase February 28th, 2008 2:08 PM Link

[…] Vancouver man led police on a low-speed chase through a busy city street. The man was traveling at about 3 […]

CanuckGreg February 28th, 2008 3:23 PM Link

Josh’s post is right on the money. I imported an ‘04 330i to Canada in Sept/07. BMW Canada wasn’t involved at all. My car was on the “admissible” list, and my recall clearance letter consisted of a US dealer supplied computer printout (no charge). Modifications to meet Canadian standards? Add bilingual airbag warning stickers ($1.75 for two from my local Dodge dealer).

Although there have been no legislative changes enacted since then that render the same car inadmissible, to execute the same transaction today would cost me $850 in fees to BMW Canada, plus whatever my local BMW dealer decides to charge me for whatever modifications he decides are “necessary”.

The whole situation is annoying as hell. I don’t really blame the manufacturers, as Transport Canada has basically thrown up their arms and shirked all responsibility for the matter.

BMW Blog » Blog Archive » Canadian leasing companies sue gov’t and automakers over high car prices March 1st, 2008 2:07 PM Link

[…] Report On Business via Winding […]

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