Plaintiff
Defendant
Overview:
Kevin Wittal, the plaintiff, sought certification of a class action against Ford Motor Company of Canada Ltd. and Ford Motor Company, alleging defective spark plugs in vehicles manufactured between 2004 and 2008 caused unreasonable repair costs and diminished vehicle value. He claimed breaches of express and implied warranties, negligence, breaches of the Competition Act, and consumer protection statutes, among other claims.
Key Legal Issues:
Court Decision:
The court denied certification, concluding the plaintiff failed to establish key elements under the Act, including a sufficiently defined class and common issues suitable for resolution through a class action. The court also found that the negligence claim lacked evidence of imminent danger required for recovery of pure economic loss. Most causes of action, including claims under the Competition Act, were struck as unsustainable.
Costs and Award:
No costs were awarded, as the defendants did not seek them.
Total Costs:
None awarded.
Court
Court of King's Bench for SaskatchewanCase Number
QBG-RG-01230-2012Practice Area
Class actionsAmount
Winner
DefendantTrial Start Date
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