Hugh Merrill Desbrisay

This is a motion to discontinue a proposed class action concerning automobile airbags that had been recalled.

The action, which had not been certified, sought compensation for pure economic loss.

Due to developments in case law, particularly the Supreme Court of Canada's clarification on pure economic loss for defective products, the litigation risk increased, and the prospects for certification and substantial economic recovery diminished.

Class Counsel sought leave to discontinue the action with prejudice and without costs.

The court granted the motion, finding that the action was commenced for a proper purpose, the test for discontinuance was satisfied, and putative class members were not prejudiced, as limitation periods remained suspended.

This appeal concerned a certified class action against Ford Motor Company regarding allegedly false or misleading fuel consumption estimates on EnerGuide labels and in marketing materials for 2013 and 2014 vehicles.

The class action alleged breaches of the federal Competition Act and provincial consumer protection legislation.

The Court of Appeal upheld the motion judge's dismissal of the class action, finding that Ford complied with mandatory federal guidelines for fuel consumption testing (2-Cycle Test) and that the representations were not false or misleading.

The court also addressed the "credulous and inexperienced consumer" standard, noting its applicability varies by statute, and found no deceptive non-disclosure.

This certified class action concerned allegations of misleading advertising by Ford regarding fuel consumption estimates on EnerGuide labels for 2013 and 2014 model year vehicles, claiming breaches of the federal Competition Act and provincial consumer protection statutes.

Both parties brought cross-motions for summary judgment.

The court dismissed the plaintiff's claims, finding no contravention of the Competition Act due to Ford's compliance with federal guidelines and a lack of evidentiary support for a misleading general impression.

While provincial consumer protection laws allow for non-disclosure claims, the court found no legal obligation for Ford to provide additional disclosures (a "Second Label") beyond the EnerGuide Label and the referenced Fuel Consumption Guide, as there was no evidence that car buyers were deceived.

The defendants' cross-motion for summary judgment, dismissing the class action, was granted.

The plaintiffs brought two motions: one alleging Ford's non-compliance with an approved class action settlement regarding exhaust odours in 2011-2015 Ford Explorers, and another seeking additional class counsel fees.

The court dismissed the non-compliance motion, finding no evidence that Ford breached its good faith obligations or that class members were deprived of proper repairs.

For the fees motion, the court awarded a modest additional amount of $75,000 plus HST, finding the initial request for $1.2 million excessive given the limited actual financial benefits to the class members from the settlement's reimbursement program.

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.

The plaintiff sought certification of a class action against Ford Motor Company and related entities, alleging false, misleading, or deceptive representations regarding the fuel consumption of 2013 and 2014 model year vehicles.

The claim, for $1.5 billion, was based on violations of the Competition Act and the Consumer Protection Act, asserting that Ford understated fuel consumption by using an outdated 2-Cycle Test instead of the more accurate 5-Cycle Test.

The court certified the action, finding that the pleadings disclosed viable causes of action, there was an identifiable class, common issues existed, a class proceeding was the preferable procedure, and the representative plaintiff was suitable.

The plaintiffs moved for certification of a national class action against Ford Motor Company and Ford Motor Company of Canada, Limited, concerning alleged non-repairable defects in the transmissions of Ford Focus and Ford Fiesta automobiles.

The parties had reached a tentative settlement.

The court granted the consent order for certification, finding that all criteria under section 5(1) of the Class Proceedings Act, 1992 were met, including disclosure of a cause of action (breach of contract/warranty and Civil Code of Quebec provisions), an identifiable class, common issues, and that a class proceeding was the preferable procedure.

The court also approved the form and plan for distribution of the notice to the class.

The applicants sought a representation order under Rule 10.01 of the Rules of Civil Procedure permitting them to represent 416 claimants who had used payroll processing services and alleged that trust funds were misapplied by a bank.

The underlying dispute concerned funds withdrawn from employers’ accounts for payroll and tax remittances that were deposited into mixed trust accounts and partially applied to reduce the payroll processor’s indebtedness to the bank or transferred to a related entity.

The bank opposed the representation order, arguing that two separate transactions created distinct issues among claimants.

The court held that common issues existed because liability for the alleged breaches of trust would affect all claimants collectively and distribution of any recovery would be shared.

A representation order was granted and a related unopposed motion concerning distribution of funds held by a government agency was also authorized.