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The court approved a claims-made class action settlement regarding defective vehicle transmissions and associated counsel fees.
The plaintiffs in a class action against Ford Motor Company sought court approval of a settlement agreement concerning allegedly defective Powershift Dual-Clutch Transmissions in Ford Focus and Fiesta vehicles.
The settlement, reached after mediation, provided varied compensation to class members on a claims-made basis, including cash payments for multiple repairs or alternative benefits like partial refunds for persistently troubled vehicles.
The court approved the settlement, finding it fair, reasonable, and in the best interests of the class, noting its advantages over individual litigation.
The court also approved class counsel fees (a combination of defendant contribution and a percentage of claims) and honoraria for representative plaintiffs, while denying late opt-out requests.
A proposed class action over defective smartphones was denied certification because the manufacturer's voluntary recall and compensation program was deemed the preferable procedure.
This is a proposed class action seeking certification against Samsung Electronics Canada Inc. regarding allegedly defective Galaxy Note7, S7, and S7 Edge smartphones.
The plaintiff alleged misrepresentation, breach of consumer protection and sale of goods acts, negligence, unjust enrichment, and waiver of tort, claiming inadequate compensation for losses from a recall program.
The court dismissed the motion for certification, finding that the misrepresentation and statutory claims lacked contractual privity between the manufacturer and consumers, and were inadequately pleaded.
Claims for data loss and pain and suffering were deemed highly individualized, lacking commonality.
Furthermore, the plaintiff's expert failed to establish a credible methodology for class-wide damages.
The court concluded that a class action was not the preferable procedure, given Samsung's voluntary compensation program which addressed access to justice and behaviour modification concerns.
