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Sept. 3, 2008

The automakers haven't been served with the suit, which must be certified as a class-action, or group, case before going to trial, Osler said. It seeks to represent everyone who bought cars with air conditioning in Canada since 1992. About 1.5 million new vehicles are sold in the country each year, Osler said.

The plaintiffs want a permanent injunction prohibiting the dealers and automakers from representing the C$100 charge as a tax, as well as punitive damages of C$50 million and the C$2.5 billion in refunds and administrative costs.

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