Tress v FCA US LLC
Dane Ashley Bruce Tress
Law Firm / Organization
Merchant Law Group LLP
FCA US LLC
FCA Canada Inc.

Case Overview:
The plaintiff, sought leave to appeal a Saskatchewan court's denial of class certification under The Class Actions Act, alleging that FCA US LLC and FCA Canada Inc. misrepresented emissions compliance in diesel vehicles containing "defeat devices."

Legal Issues:

  1. Compensable Loss: The plaintiff argued class members suffered losses in resale value, vehicle reliability, environmental impact, and price premiums. The court found no evidence of actual harm, with regulators confirming emissions compliance after software updates.

  2. Preferability of Class Actions: The court ruled class action unsuitable as no evidence substantiated compensable loss, precluding judicial economy or behavior modification concerns.

  3. Adequacy of Representation: The court found Mr. Tress inadequate due to lack of evidence of Saskatchewan residency at claim initiation, violating The Class Actions Act.

  4. Adjournment for Evidence: The court rejected adjournment for further residency evidence as moot, given the failure to meet other certification criteria.

Outcome:
The Saskatchewan Court of Appeal denied leave to appeal, citing no merit in the plaintiff’s grounds. It upheld that compensable harm is essential for certification, aligning with case law.

Costs:
Costs were awarded to FCA US LLC and FCA Canada Inc. in the usual manner, though the specific amount was not stated.

Court of Appeal for Saskatchewan
CACV4253
Class actions
Respondent