Koubi v. Mazda Canada Inc.

Koubi v. Mazda Canada Inc.

There is an evidentiary basis at the low certification threshold to identify a class and common issues (defect, SGA breach, timing of knowledge, BPCPA deceptive conduct, supplier knowledge and waiver of tort disgorgement) whose resolution will materially advance litigation; certification is granted subject to a satisfactory, more detailed litigation plan and formulation of waiver-of-tort common issues. Aggregate non-pecuniary damages and punitive damages are not certified as common issues due to individualized causation and quantum issues.

Citation
2010 BCSC 650
Parties
Plaintiff Representative: Alisha Hollen Koubi; Defendant Manufacturer: Mazda Canada Inc.; Defendants Dealers: Authorized Mazda Dealers (named defendants)
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 May 2010
Procedural Posture
Class Action Product Liability / Consumer Protection / Certification Hearing and Certification Order (subject to Condition)
Outcome
Proceeding certified as a class action subject to condition (plaintiff to produce acceptable litigation plan and refinement of waiver-of-tort common issues)
Legal Topics
Certification Under Class Proceeding Act S.4(1), Sale of Goods Act S.18 (fitness and Merchantability), Business Practices and Consumer Protection Act (deceptive Practices), Waiver of Tort (restitution / Disgorgement), Aggregate Damages and S.29 CPA, Punitive Damages, Discovery and Common Issues Management
Source Language
English
Class Actions Consumer Protection Law Contract Law Tort and Restitution Product Liability Certification Under Class Proceeding Act S.4(1) Sale of Goods Act S.18 (fitness and Merchantability) Business Practices and Consumer Protection Act (deceptive Practices) +4 more

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Parties

Alisha Hollen Koubi

Plaintiff Representative

Mazda Canada Inc.

Defendant Manufacturer

Authorized Mazda Dealers (named defendants)

Defendants Dealers

Procedural Posture

Class Action Product Liability / Consumer Protection / Certification Hearing and Certification Order (subject to Condition)

Legal Issues

  1. 1 Whether the Mazda3 door lock mechanism was defective
  2. 2 Whether sale/lease breached implied warranties under SGA ss.18(a),(b)
  3. 3 When defendants knew of the defect

Ratio Decidendi

There is an evidentiary basis at the low certification threshold to identify a class and common issues (defect, SGA breach, timing of knowledge, BPCPA deceptive conduct, supplier knowledge and waiver of tort disgorgement) whose resolution will materially advance litigation; certification is granted subject to a satisfactory, more detailed litigation plan and formulation of waiver-of-tort common issues. Aggregate non-pecuniary damages and punitive damages are not certified as common issues due to individualized causation and quantum issues.

Court Disposition

Proceeding certified as a class action subject to condition (plaintiff to produce acceptable litigation plan and refinement of waiver-of-tort common issues)

Orders

  • Action certified as a class proceeding pursuant to CPA s.4(1) subject to plaintiff providing a satisfactory litigation plan
  • Class representative certified: Alisha Hollen Koubi