D’Haene v. BMW Canada Inc.
BMW CANADA INC./BMW GROUP CANADA
BMW NORTH AMERICA LLC
BMW MANUFACTURING CO. LLC
BMW AG
GENERAL MOTORS COMPANY AND GENERAL MOTORS OF CANADA LIMITED
Law Firm / Organization
Not Specified
MITSUBISHI MOTOR SALES OF CANADA, INC.
Law Firm / Organization
Not Specified
MERCEDES-BENZ CANADA INC.
Law Firm / Organization
Not Specified
VW CREDIT CANADA, INC.
Law Firm / Organization
Not Specified
Lawyer(s)

Sonia Bjorkquist

VOLKSWAGEN GROUP CANADA, INC.
Law Firm / Organization
Not Specified
FORD MOTOR COMPANY OF CANADA LIMITED
Law Firm / Organization
Not Specified
Lawyer(s)

Hugh M. DesBrisay

A. Introduction: - A proposed class action was filed by plaintiff Donald D’Haene et. al against BMW Canada Inc. under the Class Proceedings Act, 1992. - A motion to discontinue the action with prejudice and without costs was granted. B. Background and Procedural History: - The action was initiated on April 10, 2015. - It concerned automobile airbags that had been recalled due to deployment risks. - A consortium of law firms had been appointed as Class Counsel. - Several Statements of Defence were filed between 2016 and 2020. - There had been a shift in the law regarding compensation for pure economic loss. - The action was dismissed against Takata Corporation and TK Holdings Inc. - A certification motion in a similar action was dismissed in 2022. - The action against Mitsubishi Motor Sales of Canada Inc. and Mercedes-Benz Canada Inc. was also dismissed. C. Discussion and Analysis: - The Class Proceedings Act, 1992 required court approval for discontinuance. - The motion had been scrutinized, considering the purpose, replacement parties, and prejudice. - Limitation periods had been suspended for the proposed Class Members. - It was determined that the action had been commenced for a proper purpose. - The proposed notice to class members had been deemed adequate. D. Conclusion: - The motion to discontinue the action was granted. -The summary does not specify the financial award or costs mentioned in the case, as this information is not provided in the provided text.
Superior Court of Justice - Ontario
CV-16-543766-00CP
Class actions
Plaintiff