The defendants in a proposed class action regarding allegedly deceptive advertising of tax software brought a motion to strike a paragraph in the statement of claim and portions of the certification record.
The impugned materials referenced regulatory and civil litigation settlements in the United States concerning similar advertising by the parent company.
The court granted the motion, finding that the U.S. settlement was not sufficiently relevant to the Canadian claims and that admitting the foreign litigation evidence would needlessly expand the certification inquiry.