Common Defect Found In Multiple-Model Product Liability Class Action

In a recent case before the British Columbia Supreme Court, N&C Transportation Ltd. v. Navistar International Corp., 2016 BCSC 2129 [N&C], Justice Skolrood certified a multiple-model product liability class action after finding a single common defect across several truck engine models. The defect concerned technology for reducing nitrous-oxide emissions (EGR). The differences among the products encompassed within the proposed class were not fatal to certification, as using EGR technology was the "common denominator" across all products. The plaintiffs were careful to narrowly frame their central common issue to reflect this.

Establishing commonality in multiple-model product liability class actions has proven to be an uphill battle for plaintiffs. As discussed in our blog post of April 23, 2015, in the certification context plaintiffs must put forward sufficient evidence to show a common defective design feature across all product models, or, at the very least, some