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ARTICLE · 30 SEPTEMBER 2022

Absence Of Evidence Stalls Misleading Advertising Class Action

The recent dismissal of a class action against Ford confirms the utility of summary judgment motions in class actions, particularly when the evidence advanced to support...

CanadaConsumer Protection

The recent dismissal of a class action against Ford confirms the utility of summary judgment motions in class actions, particularly when the evidence advanced to support the plaintiffs' claims was found by the court to be insufficient and contrary to common sense. The decision is also a helpful reminder that compliance with government guidelines cannot subsequently give rise to a breach of federal competition law (or provincial consumer protection law) as that would be "contrary to fair play and common sense."

Background

The case concerned allegations Ford engaged in misleading advertising in contravention of the Competition Act and provincial consumer protection statutes because it provided fuel consumption estimates using less representative testing.

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