Kane v FCA US LLC
Corrine Kane
Law Firm / Organization
Merchant Law Group LLP
FCA US LLC
Law Firm / Organization
MLT Aikins LLP
FCA Canada Inc.
Law Firm / Organization
MLT Aikins LLP

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

  1. Whether the claim disclosed viable causes of action for negligence, breach of warranty, consumer protection violations, and unjust enrichment.
  2. Whether there was sufficient evidence to certify the common issues for a class action.
  3. Whether Kane met the evidentiary burden to establish an identifiable class and adequate representation.

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 of Appeal for Saskatchewan
CACV3998
Class actions
Respondent