Background:
Recochem Inc. was alleged to have initially produced three distinct solvent products but later marketed them as different grades, despite being identical. This allegedly misled consumers, resulting in unjustified price differences. The plaintiff sought to certify the case as a class action to represent all affected consumers.

Legal Arguments/Issues:
The plaintiff sought to exclude two expert reports from the defendant, arguing they were inadmissible as they addressed legal conclusions and the merits of the case, which were irrelevant at the certification stage. The plaintiff cited "Pro-Sys Consultants Ltd. v. Infineon Technologies AG," emphasizing that certification hearings should focus on the suitability of the case for class action status, not the merits.

Recochem Inc. argued the reports were relevant and should not be excluded prematurely, referencing "Option Consommateurs v. Samsung Electronics Canada Inc.," which advised caution against early exclusion of evidence.

Court Decision:
Justice Groves dismissed the plaintiff's motion to exclude the expert reports, allowing Recochem Inc. to present them at the certification hearing. No costs or awards were determined at this stage.

Costs/Award:
No specific costs or awards were decided at this preliminary stage.