CIVIL PROCEDURE - Parties - Class or representative actions - Certification

Law360 Canada ( October 18, 2024, 12:38 PM EDT) -- Appeal by General Motors of Canada Company and General Motors LLC (“General Motors”) from Queens Bench judge’s Certification Decision on grounds that certification judge erred in determining class action was preferrable procedure for resolving common issues. Evans launched a proposed multi-jurisdictional class action against General Motors on behalf of all persons in Canada who purchased or leased a 2011 or newer Chevrolet Cruze automobile manufactured by General Motors. She alleged that General Motors breached various common law and statutory duties in designing, manufacturing, marketing and selling the Cruze, thereby causing economic loss to the members of the proposed class. The statement of claim alleged that General Motors received numerous complaints relating to Cruze coolant systems. Evans said these defects resulted in performance issues and various problems. However, no claim was made for the cost of repairs or other consequential damages arising from the alleged defects. The certification judge found the suggested class was objectively defined, reasonably identifiable and rationally connected to the proposed common issues. General Motors argued class proceedings were not a preferable procedure because it agreed to make the repairs necessitated by the asserted defect at no cost to the owners. The judge rejected General Motors’s submission. General Motors was granted leave to appeal from the Certification Decision....
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