The plaintiff brought a motion to certify a class action against FCA Canada Inc. (Chrysler Canada) regarding defective Takata airbags installed in its vehicles.
The plaintiff alleged negligence for pure economic losses associated with the dangerous product.
The court analyzed the certification criteria under s. 5 of the Class Proceedings Act, 1992.
The court found that the cause of action, identifiable class, common issues, and representative plaintiff criteria were met or could be met.
However, the court held that the preferable procedure criterion was not satisfied.
The court reasoned that Chrysler Canada's existing recall program was preferable to a class action, especially given the delay in prosecuting the action and the limited scope of recovery for pure economic loss under current tort law.
The certification motion was dismissed.
