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Old 03-06-2023, 07:11 PM   #2
you&me
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Quote:
Originally Posted by Mathgod View Post
For all you legal eagles out there! I need help with some technical legal information that I can't seem to find an answer to.

https://www.bluetecsettlement.ca/faq

The situation as follows: someone was the owner of a vehicle that pertains to this lawsuit, however, he passed away in May 2022. Would his wife be considered an "heir" of the vehicle, strictly speaking? In section H it mentions that "heirs" are excluded from eligibility. However, it does not seem reasonable that she cannot participate in the lawsuit, since they were a married couple at the time of the suit. Technically the vehicle was only under his name while he owned it, but she was for all intents and purposes a co-owner of the vehicle. There were no prenups nor any other barrier separating their financial assets during their marriage. They were completely integrated from a financial standpoint throughout their marriage.

Would really suck if a silly technicality like this excluded her from the suit...
Section H states:

"The Settlement Agreement applies to all Settlement Class Members, except Excluded Persons. Excluded Persons are:

(a) The Defendants and their officers and directors;

(b) The authorized motor vehicles dealers of the Defendants and the officers and directors of those dealers;

(c) Persons who have opted out of the Action;

(d) Persons who have settled with, released, or otherwise had claims adjudicated on the merits against the Defendants arising from the same core allegations or circumstances as the BlueTEC Diesel Matter; and

(e) The heirs, successors, and assigns of the Persons described in (a), (b), (c), and (d)"


So unless the person you're trying to help is classified by one of those, she will not be disqualified.

On a side not - sweet! I had no idea, but owned 2 (I think) eligible vehiles - thanks for the heads-up!
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