Appellant
Respondent
Case Overview:
The case involved Mandy Evans, the respondent, suing General Motors of Canada Company and General Motors LLC, the appellants. Evans alleged negligence and statutory breaches related to defects in the cooling system of Chevrolet Cruze vehicles, seeking certification as a class proceeding under Saskatchewan’s Class Actions Act.
Key Legal Issues:
Negligence: The respondent claimed the vehicles’ defective cooling systems caused economic loss and potential safety risks. The appellants argued that negligence claims for pure economic loss were barred unless imminent risk of harm was present.
Class Certification: The Court reviewed whether the action met criteria for certification, including common issues, identifiable class, and preferability of class proceedings over individual lawsuits.
Statutory Breach: Alleged violations under The Consumer Protection and Business Practices Act and similar provincial legislation for selling vehicles unfit for purpose.
Court’s Decision:
The Saskatchewan Court of Appeal overturned the lower court’s certification. It found the negligence claim was unsupported due to the absence of compensable harm or imminent risk of danger. Diminution in vehicle value was deemed insufficient for recovery. The class was deemed too broad, and General Motors’s warranty and repair program addressed relevant access-to-justice concerns.
Costs Awarded:
The appeal was allowed, and the Court awarded costs to General Motors, though the exact amount was unspecified and described as "in the usual way."
Court
Court of Appeal for SaskatchewanCase Number
CACV3415Practice Area
Class actionsAmount
Winner
AppellantTrial Start Date
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