Whether 40D has AF problem or not depends on your expectations.
This link http://www.komar.org …400d/canon-40d-autofocus/
contains "good samples" of 40D autofucus photos (originally posted under https://photography-on-the.net/forum/showthread.php?t=377746 ).
Comparing the above "good" 40D sequence with RG's "bad" 1D Mk III sequence, I would say the 40D sequence has more focus problems. Then, you may ask, why RG claims his 1D Mk III sequence has problems? Well, RG is putting 1D Mk III at a MUCH higher standard: if the focus is off by something like 15cm, it is considered out of focus.
Even with the small 40D photos, I can spot at least 2 photos our of focus (but a lot more than 15cm). If the 40D photos are in original size, I am sure a lot more are out of focus by 15 cm.
Do not get me wrong, I do not think the 40D sequence is bad. It is focused well enough, because I do not judge 40D by the same standard because it costs a lot less than 1D Mk III.
Canon 1D Mk III/5D2, Sigma 50mm f/1.4, Sigma 24-70mm f/2.8 EX, Canon 24-105mm f/4L IS, Canon 70-200mm f/2.8L IS, Sigma 17-35mm f/2.8-4 EX, Canon 85/1.8, Canon 100/2.8 IS macro, Canon 135/2, Sigma 150-500 OS, Canon 500 f/4 IS