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ARTICLE · 26 AUGUST 2014

The Mazda 3 Lock – Alleged "Shoddy Goods" Are Not Always Defective

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Following a common issues trial solely on questions of liability, Justice Viens of the Quebec Superior Court found that there was no liability with respect to the allegedly defective locking mechanism in Mazda 3 vehicles’ driver’s doors.

CanadaLitigation, Mediation & Arbitration
Angus T. McKinnon
Angus T. McKinnon
Rebecca Case
Rebecca Case
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Following a common issues trial solely on questions of liability, Justice Viens of the Quebec Superior Court found that there was no liability with respect to the allegedly defective locking mechanism in Mazda 3 vehicles' driver's doors. While Quebec has the reputation of being one of, if not the most liberal, jurisdiction in Canada for its consumer protection legislation and class actions, this decision throws that reputation into question.

The class action was "authorized" (the equivalent of being "certified" in the common law provinces) against Mazda Canada Inc. ("Mazda") in 2010. The claim sought damages for an alleged design defect of the locking mechanism, for Mazda's wrongful behaviour following the discovery of the design defect, and for prohibited commercial practices in connection with the locking mechanism of Mazda 3 vehicles.  In January 2013, the action was bifurcated to permit the hearing on liability to proceed before the hearing on the

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