The plaintiffs sought to certify a $1.1 billion class action against Ford Motor Co. alleging that certain vehicles contained a defective internal water pump that could cause catastrophic engine failure.
The court analyzed the claims under the Class Proceedings Act, 1992.
Applying the Supreme Court's decision in Maple Leaf Foods, the court struck the claims for pure economic loss for class members whose water pumps had not yet failed, finding no imminent danger.
The court also refused to certify the breach of contract, consumer protection, and unjust enrichment claims.
The court certified the action solely for design negligence for class members who actually experienced a water pump failure resulting in property damage or personal injury.
