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.
