Met with both the Service and Sales manager's this week. They confirmed they had seen one more issue identical to mine (replaced the diff) since my experience. This time it was an employee of the dealership. They didn't know if it was something that changed in a small parts run or?? Bottom line they confirmed for me that I was correct in my very first assertions about the issue. They then worked with me to move up to a deal on a 2011 X5. I will be taking deliver of it in the next week; the deal basically works out to taking 100% of the dealership profit out of the deal - and it is very significant ~10% off the top of any pricing you can imagine. All in all I believe that my dealer and BMW Canada has restored my faith in the brand and have stood up and backed me as a valued customer... after all I will be driving away in another awesome BMW!