1. What is a class action?

Class actions are lawsuits in which the claims of many people, defined as having common but not identical interests in a lawsuit, are advanced and resolved in a single court proceeding. The members of the class are represented in the lawsuit by one (or in some cases, more than one) “representative plaintiff(s)”. Class actions begin as regular lawsuits and they do not become class actions until the lawsuit is approved (i.e. certified) as a class action by the court.

2. What is the Canada-wide General Motors Intake Manifold Class Action against GM Canada about?

In 2006, no less than seventeen proposed class actions were commenced in ten provinces across Canada asserting claims made on behalf of current and former owners of certain GM Canada products alleging that defective intake manifold gaskets had been installed in those certain GM Canada products and demanding compensation in relation thereto.

3. Why has GM Canada and the Plaintiff’s entered into a mutually agreed, Settlement Agreement?

Both GM Canada and the Plaintiff’s recognize that that there are considerable costs, risks and delays, as well as uncertainty about the outcome, associated to the pursuit and defense of any lawsuit. Both parties further believe that the best interests of all parties can best be served by finding a balancing compromise such as that achieved by this Court certified Settlement Agreement.

GM Canada is NOT admitting liability for the allegations contained in the proposed class action lawsuits initiated against it.

4. Who can make a claim under the Settlement? How do I know if I am eligible?

Ontario National Class – All Consumers resident in Canada, other than in the province of Quebec, who own or lease, or who have in the past owned or leased, a Qualifying Vehicle and who incurred an expense from a Qualifying Repair before October 14, 2008.

Quebec Class – All Consumers resident in Quebec who own or lease, or who have in the past owned or leased, a Qualifying Vehicle and who incurred an expense from a Qualifying Repair before October 14, 2008.

5. How do I know if my GM vehicle is a Qualifying Vehicle?

The Engine Group A and Engine Group B vehicle lists of Qualifying Vehicles and engine code requirements can be viewed on the website www.gmcanadiansettlement.ca.

An “Engine Group A Vehicle” means any 1995 through 2003 model year vehicle with a 3.1 litre or 3.4 litre V6 engine that was factory-equipped with Dex-Cool coolant and a nylon/silicone lower intake manifold gasket but excluding all 2003 model year vehicles manufactured after April 9, 2003 (vehicles listed in Annex C).

An “Engine Group B Vehicle” means any 1995 through 2004 model year vehicle with a 3.8 litre V6 engine (RPO L36) that was factory-equipped with Dex-Cool coolant (vehicles listed in Annex D).

Please note that 2003 model year vehicles manufactured after April 9, 2003 are excluded.

6. How do I know if my repair was a Qualifying Repair?

An “Engine Group A Repair” means any lower intake manifold gasket replacement made on an Engine Group A Vehicle within the earlier of 7 years from the Date of Initial Vehicle Delivery or 240,000 kilometres of use.

An “Engine Group B Repair” means any replacement of a throttle body gasket, upper intake manifold gasket, lower intake manifold gasket, or intake manifold made on an Engine Group B Vehicle within the earlier of 7 years from the Date of Initial Vehicle Delivery or 240,000 kilometres of use.

7. How will any claims for repairs completed outside of the Settlement agreement applicability period be dealt with?

Any claims of current and former owners in relation to repairs completed outside of the scope or applicability period of this Settlement Agreement are not affected by, or bound by, the terms and provisions of this Settlement Agreement. Such claims will NOT be considered.

8. My repairs were completed at No Charge; does this affect my entitlement to compensation under the Settlement Agreement?

Yes and No. If you were not fully reimbursed under any new vehicle warranty, any extended warranty, any service plan, or goodwill adjustment, you may still be entitled to compensation under this Settlement Agreement. If the compensation or consideration you received fully alleviated the circumstances described under this Settlement Agreement, you may NOT be eligible for additional compensation.

9. How much money will I get if I am eligible?

All National Class Members who submit a proper Claim Form, Proof of Expenditure, and Proof of Ownership before April 30, 2009, will be eligible to receive payment according to the following payment schedule:

a) For National Class Members who incurred an eligible repair expense within five years of the Date of Initial Vehicle Delivery, an amount equal to the eligible repair expense, up to a maximum of $400;

Any National Class Member who is eligible to receive cash payment under subparagraph (a) above may opt to instead receive 40% of the eligible repair expense, up to a maximum of $800, if the National Class Member submits Proof of Internal Leak Repair Expense showing a repair costing over $1,500 due to a diagnosed internal coolant leak.

(b) For National Class Members who incurred an eligible repair expense in the sixth year after the Date of Initial Vehicle Delivery, an amount equal to the eligible repair expense, up to a maximum of $100; and

(c) For National Class Members who incurred an eligible repair expense in the seventh year after the Date of Initial Vehicle Delivery, an amount equal to the eligible repair expense, up to a maximum of $50.

10. Who is Excluded under the proposed Settlement?

• Anyone who purchased or leased a vehicle for commercial or business purposes.

• An insurer or other business that has fully or partially indemnified its customer for an eligible repair whether the insurer or other business is purporting to make a claim for benefits under this Settlement in a subrogated capacity or not.

11. How do I make a claim?

Claim Forms and further information about the claims process is available from the class action settlement website, www.gmcanadiansettlement.ca or by contacting the General Motors Customer Communications Centre, toll free, at 1-800-263-3777 (English) or 1-800-263-7854 (French).

All required Claim Forms and supporting documentation must be clearly postmarked on or before April 30, 2009 (Claims Deadline) and sent to:

General Motors Gasket Class Action Claims
General Motors Customer Communications Centre
1908 Colonel Sam Dr
Oshawa, Ontario
L1H 8P7
Mail Code: CA1-163-015

12. What if I don’t wish to participate in this Class Action? Can I opt out and how do I opt out?

If you are a National Class Member and do not wish to receive any money and would like to exclude yourself from the Settlement, you can opt out by obtaining an Opt Out Form from the website or by contacting the Claims Administrator. The Opt Out Form must be filed with the Claims Administrator and clearly postmarked on or before December 8, 2008 (Opt Out Deadline).

GM Claims Administrator

       c/o Crawford Class Action Services

       3-505, 133 Weber St. N.

       Waterloo ON N2J 3G9

       Toll Free: 1-866-640-9989

       Fax: 519-578-7739

       Website: www.gmcanadiansettlement.ca

If you opt out, you will NOT receive any money and you will be ineligible to participate in the Settlement.

If you opt out, you shall retain the right to commence or continue any proceeding against GM in respect of any allegedly defective nylon intake manifold gasket that you are otherwise eligible for or entitled to as provided by law.

13. What do I need to submit in order to Opt Out?

You will need to fully complete an Opt Out Form and include the following information and documentation:

1. Proof of Ownership/Lease: Documentary proof that you owned or leased the Qualifying Vehicle at the time of the Qualifying Repair. The document(s) must include the Vehicle Identification Number (VIN). Acceptable proof may include the vehicle registration/ownership document, proof of insurance coverage during the ownership or lease period, the title certificate, the bill of sale, or the lease agreement.

2. Proof of Expenditure: The document(s) you submit must show that a Qualifying Repair was performed and that you paid for the Qualifying Repair. The document(s) should identify the Qualifying Vehicle by the Vehicle Identification Number (VIN). The following documentation is satisfactory:

(a) The Repair Invoice from the repair shop that performed the Qualifying Repair.

(b) In the event that such documentation is not available, then you may satisfy the Proof of Expenditure requirement by submitting:
     (i) a written statement, based on personal knowledge, from the mechanic or person or business representative who made the repair indicating that a copy of the actual repair invoice or other documentary proof of the repair is not available and that the repair qualified as a Qualifying Repair (a sample Mechanic’s Statement can be found at the settlement website: www.gmcanadiansettlement.ca), and
      (ii) proof of payment of the repair.

(c) If you are still unable to provide the requisite Proof of Expenditure described in (a) and (b) above, you may submit the best available written statement or other documents that you can obtain.

14. What if I choose to do nothing?

If you choose to do nothing and do not Opt Out or submit a claim, you will be bound by the terms of the Settlement Agreement and will not be eligible to participate in any other legal action related to the same cause of loss or facts encompassed by the Settlement Agreement.

15. Do I need a lawyer?

This is your choice. Should you decide to seek the advice of your own counsel, you will be responsible for the costs you incur.