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Canadians Launch Class Action Against Toyota and CTS

The claim alleges that Toyota and CTS Corp., which manufactured the parts, 'knew or ought to have known of inherent design defects.'

By . Agence France-Presse

Feb. 2, 2010

Canadian drivers and passengers of Toyota vehicles filed a class action lawsuit on Feb. 1 against the Japanese automaker over defective throttles that led to mass recalls.

"The claim seeks compensation for losses and injuries as a result of the purchase or use of numerous Toyota vehicles," said lawyers representing the plaintiffs.

The claim, filed with the Ontario Superior Court of Justice, alleges that Toyota and CTS Corp., which manufactured the parts, "knew or ought to have known of inherent design defects" in the Electronic Throttle Control System.

These have been used in Toyota models since 2001.

Design defects, including a lack of failsafes that would permit a driver to regain control of a vehicle, have resulted in uncontrollable unintended accelerations in North America, the suit alleged. Some reportedly led to collisions involving severe injuries and death to drivers and passengers of these vehicles, it said.

The recalls include 270,000 in Canada.

Lawyer Joel Rochon said  Toyota's fix "appears not to address" concerns about the throttle system itself.

"Having only purchased a brand new car a few weeks ago, I simply cannot believe that Toyota would have sold me this vehicle," plaintiff Steven Hamilton commented. "I can't even resell my car now -- I am seeking a full refund."

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