The representative plaintiffs in a proposed class action sought leave to discontinue their action against Whirlpool Canada LP, Whirlpool Corporation, and Whirlpool Properties Inc. The discontinuance was necessitated by the plaintiffs' inability to secure After-the-Event insurance or funding from the Class Proceedings Fund, which was a pre-condition for their contingency fee agreement with counsel.
The court granted the motion, finding no prejudice to the putative class members, who were unaware of the action's commencement.
A notice of discontinuance was approved for distribution to inform potential class members of the action's cessation and the recommencement of limitation periods.
