The case Mackinnon v. Volkswagen Group Canada Inc., et al., 2024 ONSC 4988 involves a class action lawsuit against Volkswagen and Audi concerning their use of an unlawful "defeat device" in diesel-powered vehicles to manipulate emissions testing. Key points from the case include:

• Class Action Certification: Initially, the class action certification was denied in 2021 but later overturned by the Divisional Court. The current proceedings are a rehearing on the certification motion, focusing on specific issues.
• Defeat Device: The case revolves around Volkswagen and Audi's use of a defeat device that reduced the effectiveness of emissions control systems outside of testing conditions, leading to excessive nitrogen oxide emissions.
• Admissions and Settlements: Volkswagen admitted to installing the defeat device, leading to regulatory and criminal actions. Several class actions followed, some of which have been settled, but this case pertains to vehicle owners excluded from those settlements.
• Claims: The plaintiff alleges causes of action such as negligent misrepresentation, breach of warranty, unjust enrichment, conspiracy, and violations of Canadian environmental and competition laws.
• Scope of the Rehearing: The court must decide whether to grant certification and what issues remain, specifically excluding the questions of class harm and damages methodology, which were addressed by the Divisional Court.

This case addresses whether the claims can proceed as a class action and the extent of Volkswagen and Audi’s liability for their emissions deception.

The costs awarded in the case were $60,000 to the plaintiff, who was considered the most successful party on the motion, despite not all claims surviving?.