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.
