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ARTICLE · 13 AUGUST 2021

Ontario Superior Court Limits Potential Class Action Entitlement For Pure Economic Loss

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While the effects of the Supreme Court of Canada's decision in 1688782 Ontario Inc v Maple Leaf Foods Inc., 2020 SCC 35 [Maple Leaf], begin to reverberate in the decisions of lower courts...

CanadaLitigation, Mediation & Arbitration
Cheryl Woodin
Cheryl Woodin
Ilan Ishai
Ilan Ishai
Ethan Schiff
Ethan Schiff
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The authors acted for the defendants in these motions.

While the effects of the Supreme Court of Canada's decision in 1688782 Ontario Inc v Maple Leaf Foods Inc.,  2020 SCC 35  [Maple Leaf], begin to reverberate in the decisions of lower courts, Justice Paul Perell's certification decision in Carter v Ford Motor Company of Canada  [Carter]  illustrates the significant impact of the Maple Leaf analysis in the ever-busy landscape of auto liability class actions. The Court issued two sets of reasons cited as 2021 ONSC 4137 and 2021 ONSC 4138. The Carter  decision interprets and applies Maple Leaf and provides much needed guidance on the limited scope of claims for pure economic loss in this area. Relying on Maple Leaf,  Justice Perell also rooted out various causes of action which have crept into claims against auto manufacturers over the last several years.

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