Firm representing Toronto woman seeks class-action lawsuit over defective Ford plug-in hybrid vehicles

In this file photograph, the Ford company logo shines off the grille of an unsold vehicle at a Ford dealership in Littleton, Colo. (AP Photo/David Zalubowski, File) (David Zalubowski/AP)

A law firm seeking to represent a group of vehicle owners has filed a proposed class-action lawsuit against Ford Motor Company of Canada following a warning from the company that the plug-in electric batteries in the vehicles cannot be used because of a fire risk.

The suit stems from a notice issued by the company in January to owners of two plug-in hybrid electric vehicles (PHEVs) – the Ford Escape and the Lincoln Corsair – for model years 2020-2024.

The notice warned owners not to plug in their vehicles to charge them because micro cracks in the lithium-ion batteries could cause the vehicles to catch fire.

“Ford is advising customers to immediately refrain from charging their vehicle to maintain a lower charge level in the high voltage battery, reducing the risk of a vehicle fire until a remedy is available,” Ford said in the notice posted to its website.

Plug-in hybrid electric vehicles have conventional internal combustion engines as well as electric motors. Their batteries can be charged through braking and excess power from the conventional engine, but they can also be plugged into a charging station in order to run on electric power for longer periods. The vehicles are typically more expensive, but promise higher fuel savings.

Ford said in January it was working on the parts and software necessary to repair the defective batteries. But the company has not replaced the batteries so far “contrary to its warranty obligations and duty to repair manufacturing defects,” according to a notice of action filed in Ontario Superior Court on May 6.

“Class members purchased or leased their PHEVs because of assurances that by plugging them in at night, they could run their vehicle on electric power for much of their day-to-day errands, saving money and wear on their internal combustion engines and being better for the environment. They paid more for their PHEVs for the promise that they would save money in the long run,” the document alleges.

“Now, class members have lost the benefits they were promised. They are forced to spend more on gas and service /repairs for the combustion engine or risk a fire that could bum down their house or worse.”

The claims in the suit have not been tested in court.

The suit also names Ford Canada’s parent company, Michigan-based Ford Motor Company, as a defendant.

The proposed class-action, filed by Charney Lawyers on behalf of Canadian residents who purchased or leased one of the vehicles, is seeking damages equivalent to the diminished resale value of the vehicles and/or the amount overpaid for the vehicles.

It is also seeking damages associated with the extra costs of not using the plugin feature, punitive damages, and the costs of the lawsuit.

The suit names a woman who lives in downtown Toronto and who purchased a 2021 Ford Escape, as the plaintiff. It seeks to have the suit certified as a national class action, with the woman as the representative plaintiff for the case.

Ford Canada declined to comment on the lawsuit.