16 Nov 2023
D’Haene v. BMW Canada Inc.
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.