On August 1, 2018, the BC Court of Appeal unanimously dismissed the appeal of a class action certification order that Farris Partners Robert Anderson, Q.C. and Nicholas Hooge had previously obtained in the BC Supreme Court. The case involves the allegedly defective design of the emissions system in certain makes and models of heavy-duty trucks manufactured by Navistar International. Anderson and Hooge were also successful on a cross-appeal of the certification decision that resulted in the BC Court of Appeal certifying a number of common issues related to misrepresentations in the manufacturer’s marketing materials. The certification of common issues related to misrepresentation has been a complicated area in class action litigation and this decision from the BC Court of Appeal may reflect an important precedent with broad implications in this area of law.
To read the complete judgement click here.