Appellant
Respondent
Case Overview
The case centered on a proposed class action. Kane alleged defects in vehicles manufactured by FCA resulted in financial losses and risks to safety. She sought certification under The Class Actions Act, 2001 (CAA) for a class of 900,000 affected vehicle owners and lessees.
Legal Issues
Court Findings
The court upheld the lower court's denial of certification. Negligence claims were limited to personal injuries, not economic losses. Breach of warranty claims lacked contractual or statutory grounds. The unjust enrichment claim failed for lack of deprivation. Proposed common issues were overly broad and unconnected, spanning 24 vehicle models and 20 years of recalls, without evidence of systemic defects or shared risks. Kane was found unsuitable as the representative plaintiff due to lack of commonality with other class members.
Costs and Award
The appeal was dismissed, and costs were awarded to FCA US LLC and FCA Canada Inc., comprising one set of costs for the appeal and one for the leave to appeal application, calculated in the usual manner. Financial terms were not specified.
Court
Court of Appeal for SaskatchewanCase Number
CACV3998Practice Area
Class actionsAmount
Winner
RespondentTrial Start Date
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