Certification Denied In Consumer Product Class Action

Introduction

Justice Perell of the Ontario Superior Court of Justice recently dismissed the plaintiffs' class certification motion in Arora et al. v. Whirlpool Canada LP and Whirlpool Corporation on the basis, in part, that there can be no recovery in a product liability negligence action for pure economic losses against the manufacturer of a non-dangerous consumer product.

Background

The named plaintiffs sought to represent a class of persons who owned front-loading washing machines manufactured by the defendants between 2001 and 2008. The plaintiffs alleged that the washing machines suffered from a design defect that led to buildup of biofilm, mould, mildew and bacteria. The pleadings alleged that biofilm buildup led to a variety of health problems as a result of exposure to "toxins and allergens." However, plaintiffs' counsel argued the motion on the basis that the defendants were liable in negligence for the class members' pure economic losses. In addition