The appellant appealed the dismissal of his motion to certify a product liability class action regarding allegedly defective door latches in certain Ford vehicles.
The Divisional Court upheld the motion judge's findings that the claims did not raise common issues, as the differences in door latch mechanisms across vehicle models meant that findings for one vehicle could not be extrapolated to others.
The court also agreed that a class proceeding was not the preferable procedure, noting the regulatory role of Transport Canada, and that the appellant was not an appropriate representative plaintiff due to his lack of involvement and the inadequate litigation plan.
The appeal was dismissed.
