- An i3 owner has been awarded $5,000 in damages but was forced to pay for BMW‘s legal fees.
- BMW Canada’s website claimed the i3 could travel up to 200 km (124 miles) in Eco Pro+.
- Between Nov. 28 and Dec. 10, 2014, the website was updated to show 160 km (99 miles).
A Canadian man has finally triumphed in a long-standing legal battle with BMW over the i3’s range claims—a saga that’s been dragging on since 2017. But it’s what you would call a bittersweet victory, leaving him several thousand dollars poorer despite winning the case.
Seven years ago, Ronen Kleiman sued BMW, claiming the marketing for the 2014 i3 had misrepresented its driving range. When he ordered the car, BMW Canada’s website stated it could travel up to 200 km (124 miles) in Eco Pro and Eco Pro+ driving modes.
However, after just a month of ownership, Kleiman discovered the car couldn’t come close to that figure. On one particular 159 km (99-mile) trip with his wife, he only managed 158 km (98 miles), despite ideal conditions—sunny 25-degree Celsius weather and an empty car.
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An analysis of BMW’s Canadian website from the time revealed that, between November 28 and December 10, 2014, the marketing material for the i3 was quietly adjusted. The updated figures now claimed 130 km (81 miles) of range in Comfort mode, 160 km (99 miles) in Eco Pro, and 156 km (97 miles) in Eco Pro+. Despite being shown archived evidence of these changes, BMW insisted the i3 was never marketed with a 200 km (124 miles) range.
He Rejected A Pretrial Settlement Of $10,000
Following years of litigation and a non-jury trial, Deputy Judge James Minns of the Ontario Superior Court of Justice recently ruled against BMW and its Toronto dealership, awarding Kleiman $5,000 in damages. However, in a frustrating twist for Kleiman, the June 13 order also requires him to pay BMW $11,140 for attorney fees and litigation expenses after he rejected a pretrial settlement offer for $10,000.
In a court filing, BMW denied misrepresenting the i3 stating that “all ranges for battery-electric vehicles are impacted by personal driving behavior, the vehicle’s exterior environment and consumption of on-board features while driving.”
Kleiman told Auto News he rejected BMW’s settlement offer as it included a nondisclosure clause, and he wanted the public to know. He had been seeking $25,000 in damages—roughly the amount he spent “out of pocket”—and says the court’s findings don’t truly hold BMW accountable.
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“Although I am satisfied that the judge found BMW misrepresented the vehicle, his damages award contradicts the reasons for this finding and fails to hold BMW accountable for their actions,” he said.
In the end, while Kleiman might have scored a win in court, the financial toll raises the question: was it really worth the fight?
