The plaintiff, Shawn Panacci, brought a motion to certify a class action against Volkswagen and Audi entities concerning an alleged widespread defect in the timing chain mechanism of EA888-type engines in vehicles sold or leased in Canada between 2007 and 2012.
The plaintiff alleged negligence, breach of warranty, unjust enrichment, and waiver of tort, claiming the defect posed a risk of catastrophic engine failure and personal injury.
The court granted certification, finding that the requirements under the Class Proceedings Act were met, including identifiable class, preferable procedure, and suitable representative plaintiff.
However, only three of the six proposed common issues were certified: duty of care and breach of duty of care, breach of express and implied warranties, and the availability of punitive damages.
Claims related to unjust enrichment, waiver of tort (due to lack of predicate liability finding), and aggregate damages (due to need for individualized assessments) were not certified as common issues.
