Theo Milosevic

A carriage motion was brought to determine which of two competing proposed class actions regarding allegedly misleading 'recyclable' claims on Keurig coffee pods should proceed in Ontario.

The court evaluated the competing proposals under section 13.1(4) of the Class Proceedings Act, focusing on efficiency, productivity, and proportionality.

The court awarded carriage to the Buis action, finding its narrower class definition and reliance on a damages model already utilized in a U.S. settlement offered a more efficient path to resolution.

The competing Gordon action was stayed.

The appellants appealed the dismissal of their motion for class certification against an auditor.

The motion judge found that the pleadings failed to disclose a cause of action because settled law on auditor liability precluded a finding that the auditor owed a duty of care to unitholders of the funds.

The Divisional Court upheld the decision, finding that the statement of claim did not plead material facts establishing an undertaking by the auditor to the unitholders for their individual investment decisions, which is required to establish sufficient proximity for a claim of pure economic loss.