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ARTICLE · 17 APRIL 2024

Certification Of Proposed Product Liability Class Action Dismissed Where Alleged Defect Not Common To Proposed Class

In Larsen v. ZF TRW Automotive Holdings Corp., 2023 BCSC 1471 ("Larsen"), the Supreme Court of British Columbia dismissed the plaintiff's application to certify a proposed product liability class action.

CanadaLitigation, Mediation & Arbitration

In Larsen v. ZF TRW Automotive Holdings Corp., 2023 BCSC 1471 ("Larsen"), the Supreme Court of British Columbia dismissed the plaintiff's application to certify a proposed product liability class action on the grounds the plaintiff failed to demonstrate that there was "some basis in fact" for the alleged defect at issue and that it was common to the proposed class.

The decision in Larsen is significant because it confirms that product liability claims are not always amenable to class actions where there are differences in the features of the alleged defect at issue amongst multiple manufacturer defendants. Larsen also demonstrates that an effective and timely recall campaign can serve to undermine the certification of potential class actions in the automotive industry.

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