Brittany Tovee

This decision addresses a scheduling dispute in a proposed class action concerning the Bell Canada Pension Plan.

The defendants sought to have their motion to stay the class action, arguing that the Office of the Superintendent of Financial Institutions (OSFI) was the preferable forum, heard before the certification motion.

The plaintiff opposed this, requesting both motions be heard concurrently.

The court, applying the Cannon factors and principles against litigation by installments, denied the defendants' request, directing that the stay motion be heard together with the certification motion, emphasizing that the preferability of jurisdiction is an issue best determined within the certification context.

The defendant, Bosch, brought a motion to dismiss the plaintiffs' proposed class action on the basis of issue estoppel and double recovery, following the plaintiffs' partial settlement with co-defendant Volkswagen regarding emissions measurement software in diesel vehicles.

Alternatively, Bosch sought to strike the plaintiffs' claims for predominant purpose conspiracy and negligence.

The court declined to apply issue estoppel, finding it would work an injustice and that the settlement approval did not make a binding determination of full compensation against Bosch.

The court upheld the conspiracy pleading but struck the negligence claim without leave to amend, concluding that software is not a dangerous product and the claim for pure economic loss was legally untenable.