Some 11 years after emissions-spewing diesels first scandalized the world, we’re still sorting through the mess
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It’s also worth noting that a goodly portion of her ruling is devoted to an almost encyclopedic description of how diesels function, how compression-ignition emissions work, and a bountiful description of the various mitigation systems — Exhaust Gas Recirculation (EGR), Lean NOx Traps (LNT), and Selective Catalytic Reductions (SCR) systems — designed to reduce tailpipe emissions. Now, I have no way of knowing if the judge wrote every word describing the effect of Diesel Exhaust Fluid (DEF), or her judgment that Ambient Air Temperature (AAT) is, “generally speaking,” 5ºC less than what the Intake Air Temperature (IAT) sensor is reading, but if she even understands all that is written in her “Approved Judgement,” she could easily find a second career teaching at any trade school in the world. Hell, she’d be the dean.
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Dieselgate claimant Adam Kamenetzky poses for a photograph in his Mercedes-Benz SUV in London on October 8, 2025 Photo by Ben Stansall /GettyArticle content
Which is why, after the appeals are over and done with, I suspect her ruling will stand. Notwithstanding the fact that Judge Cockerill did determine that one 2015 model Mercedes did employ a bona fide defeat device — her explanation of which would pass muster in any engineering PhD thesis defence — the claimants appear to be trying to piggyback Dieselgate-era controversy into their complaints, which are, frankly, not nearly as egregious as what Volkswagen did with its actual cheats. Nor do the faults of the majority of cars listed in the lawsuit seem premeditated specifically to circumvent emissions testing.
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So, for now, most of those 1.6 million Mercedes, Nissan, Ford, Renault, and Peugeot-Citroën owners will not be recompensed. Actually, the number of complainants going unsatisfied could go even higher, since this was just the first of several similar trials. And, absent a revised definition of a defeat device on appeal, owners of diesel-powered Opels, Vauxhalls, Porsches, Jaguars, Land Rovers, BMWs, various FCA products, as well as Suzukis, Toyotas, Mazdas, and others — who were scheduled to be heard in England’s High Court on the same matter starting in October — will likely also go unsatisfied.
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Whatever the outcome of further cases or any appeal to Cockerill’s judgment, it’s absolutely amazing that, almost 11 years since Dieselgate first reared its ugly, emission-spewing head, justice is still being delayed.
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David Booth is Driving’s senior writer as well as the producer of Driving.ca’s Driving into the Future panels and Motor Mouth podcasts. Having written about everything from the exact benefits of Diamond Like Coating (DLC) on motorcycle camshafts to why Range Rovers are the best vehicles for those suffering from opioid-induced constipation, Booth leaves no stone unturned in his quest for automotive veritas. Besides his long tenure with Driving, he was the editor in chief of Autovision magazine for 25 years and his stories have been published in motorcycle magazines around the world including the United States, England, Germany and Australia.
EducationGraduating from Queen Elizabeth High School in 1973, Booth moved from his Northern Quebec hometown of Sept-Iles — also home to Montreal Canadiens great, Guy Carbonneau — to Ottawa to study Mechanical Engineering at Carleton University. There, he wrote a thesis on the then-burgeoning technology of anti-lock brakes for motorcycles and spent time researching the also then-burgeoning use of water tunnels for aerodynamic testing.
ExperienceAfter three years writing for Cycle Canada magazine and another three working for the then oldest magazine in Canada, Canadian Automotive Trade, Booth, along with current Driving writer Brian Harper and then Toronto Star contributor Alex Law, created an automotive editorial services group that supplied road tests, news, and service bulletins to what was then called Southam newspapers.
When Southam became Postmedia with its purchase by Conrad Black and the subsequent introduction of the National Post, Booth was asked to start up the then Driver’s Edge section, which became Driving.ca when Postmedia moved into the digital age. In the past 41 years, Booth has tested well over 500 motorcycles, 1,500 passenger cars, and nearly every significant supercar of the last 30 years. His passion — and proudest achievement — is Motor Mouth, his weekly column that, after some 30 years, remains as incisive and opinionated as ever.
PersonalBooth remains an avid sports enthusiast — read: fitness freak — whose favorite activities include punching boxing bags until his hands bleed and running ski hills with as little respect for the medial meniscus as 65-year-old knees can bear. His true passion, however, remains motorcycles. If he’s not in his garage tinkering with his prized 1983 CB1100RC — or resurrecting another one — he’s riding Italy’s famed Stelvio Pass with his beloved — and much-modified — Suzuki V-Strom 1000.
Booth has been known to accept the occasional mojito from strangers, and the apples of his eye are a certain fellow Driving contributor and his son, Matthew, who is Global Vice-President of something — though he’s never quite sure what. He welcomes feedback, criticism and suggestions at David@davebooth.ca.
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