The plaintiff sought certification of a class action against Volkswagen and Audi entities regarding diesel vehicles fitted with a defeat device to subvert emissions testing.
The Divisional Court had previously remitted the certification motion back to the Superior Court to rehear the balance of the certification motion, apart from the questions of harm and methodology for measuring damages.
The court certified the class action, finding that the pleadings disclosed causes of action for misrepresentation, breach of the Competition Act, breach of the Canadian Environmental Protection Act, and breach of certain provincial consumer protection statutes.
Claims for breach of warranty and unjust enrichment were struck.
The court certified several common issues but declined to certify issues requiring proof of individual reliance or disgorgement.
