Law360 Canada ( September 28, 2018, 8:48 AM EDT) -- Appeal by the defendants from an order certifying the plaintiffs’ product liability action as a class proceeding. Cross-appeal by the plaintiffs from the refusal to certify common issues regarding their misrepresentation claims. The action concerned the design, manufacture and sale by the defendants of heavy-duty diesel truck engines equipped with a specific type of exhaust control system. In marketing materials, the defendants extolled the virtues of their emissions technology. The plaintiffs had experienced mechanical issues with their trucks, including losses of power on inclines and leakage of soot into the drivers’ cabins. The defendants had eventually stopped selling vehicles that contained the exhaust control system at issue. The chambers judge certified 12 common issues, including whether truck engines manufactured and sold by the defendants shared a common defect that rendered the trucks dangerous or unfit for their intended purpose and whether the defendants breached the terms of express warranties in respect of the truck engines. The chambers judge concluded there was no common representation made to all class members....