Product liability cases are routinely certified as class
proceedings. Indeed, allegations that a product was negligently
manufactured, or that a manufacturer failed to warn consumers of a
particular risk, seem particularly amenable to resolution on a
class-wide basis. However, not every such case is certified as a
class proceeding. The recent decision of the Ontario Superior Court
of Justice in Richardson v Samsung Electronics Canada
Inc is one example of a case that was not certified. More
importantly, it shows what steps defendants can proactively take to
avoid certification of class actions against them.
By way of background, Richardson was a proposed class
action against Samsung relating to the Galaxy Note7. The Galaxy
Note7 was a smartphone released by Samsung in Canada in August
2016. Unfortunately, as was widely reported at the time, there was
a defect in one of the batteries used in the Note7 that caused the
device to overheat, creating the risk of fire or
