This is a proposed class action seeking certification against Samsung Electronics Canada Inc. regarding allegedly defective Galaxy Note7, S7, and S7 Edge smartphones.
The plaintiff alleged misrepresentation, breach of consumer protection and sale of goods acts, negligence, unjust enrichment, and waiver of tort, claiming inadequate compensation for losses from a recall program.
The court dismissed the motion for certification, finding that the misrepresentation and statutory claims lacked contractual privity between the manufacturer and consumers, and were inadequately pleaded.
Claims for data loss and pain and suffering were deemed highly individualized, lacking commonality.
Furthermore, the plaintiff's expert failed to establish a credible methodology for class-wide damages.
The court concluded that a class action was not the preferable procedure, given Samsung's voluntary compensation program which addressed access to justice and behaviour modification concerns.
