Variation On A Familiar Theme – The Scope Of Plaintiff's Right To Amendment In A Class Action

In Martel v. Kia Canada inc. 2016 QCCS 2097, Justice Chantal Tremblay of the Superior Court ruled on a motion by Plaintiffs to amend their claim after the class action was authorized. After going over the general principles, Justice Tremblay dismissed certain amendments on the basis that they would result in an entirely novel claim.

This decision arises out of a class action instituted against Kia Canada Inc., manufacturer of Kia vehicles, on the basis that the dealers required more intense and frequent maintenance than that provided by the manufacturer in its owner manual, on which the class members allegedly relied to decide to purchase a Kia vehicle. Petitioner argued that the manufacturer's representations in the owner manual were thus false and resulted in unforeseen maintenance costs. Importantly, Petitioner relied on arts. 219 and 228 of the Quebec Consumer Protection Act (CPA) for its claim against Kia Canada.