The appellant appealed the dismissal of a motion to certify a class action on behalf of purchasers of Volkswagen and Audi diesel vehicles who sold their vehicles prior to the disclosure of the emissions defeat device.
The motion judge had found no plausible methodology to calculate damages on a class-wide basis.
The Divisional Court allowed the appeal, finding that the motion judge erred by requiring a tangible demonstration of the proposed methodology rather than merely assessing whether it met the low 'some basis in fact' threshold of plausibility.
The matter was remitted to a new judge to rehear the balance of the certification issues.
