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Raising the “Low Bar”: Plaintiffs Seek New Strategies to Prove Common Issues for Certification

A plaintiff’s obligation to establish “some basis in fact” for a common issue is acknowledged as a low bar. Several Canadian appellate courts have, however, confirmed a “two-step test” as the standard analytical framework....more

A Product Cannot Damage Itself: Ontario Court of Appeal Sets Aside Certification of Motor Vehicle Engine Class Action

Damage to a product resulting from a defect within the product constitutes presumptively unrecoverable pure economic loss. That is the conclusion of the Ontario Court of Appeal in North v. Bayerische Motoren Werke AG, 2025...more

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