Wittal v Ford Motor Company of Canada Ltd
Ford Motor Company of Canada Ltd.
Law Firm / Organization
DMG Advocates LLP
Law Firm / Organization
McDougall Gauley LLP
Law Firm / Organization
Ford Motor Company of Canada, Limited
Lawyer(s)

Graham Caithness

Law Firm / Organization
Not Specified
Lawyer(s)

Jade Wong

Ford Motor Company
Law Firm / Organization
DMG Advocates LLP
Law Firm / Organization
McDougall Gauley LLP
Law Firm / Organization
Ford Motor Company of Canada, Limited
Lawyer(s)

Graham Caithness

Law Firm / Organization
Not Specified
Lawyer(s)

Jade Wong

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:

  1. Whether the case met the class certification criteria under Saskatchewan’s Class Actions Act, including commonality and an identifiable class.
  2. Allegations of design defects causing financial harm, misrepresentation of vehicle quality, and failure to warn consumers.
  3. Applicability of provincial consumer protection laws (e.g., The Consumer Protection and Business Practices Act) and statutory warranties.

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 of King's Bench for Saskatchewan
QBG-RG-01230-2012
Class actions
Defendant