The appellant appealed the dismissal of his motion to certify a class action against a smartphone manufacturer regarding a product recall.
The Divisional Court upheld the motion judge's findings that the pleadings failed to disclose a viable cause of action due to lack of particulars and lack of contractual privity.
The court also agreed that the appellant failed to establish common issues, as the expert evidence on damages was not grounded in the facts of the case and individual trials would be necessary to determine harm.
The appeal was dismissed.
