Law360 Canada (September 16, 2022, 6:14 AM EDT) -- Appeal by the defendants Navistar International Corp., Navistar Inc., Navistar Canada Inc. and Harbour International Trucks Ltd. from the certification of the underlying action as a multi-jurisdictional class proceeding. The underlying action concerned the design, manufacture, and sale of certain Navistar heavy-duty diesel truck engines that were sold between 2010 and 2014. The engines were equipped with an exhaust control system that was developed to meet regulatory standards, introduced in 2010, to reduce nitrous oxide emissions. The respondent N&C Transportation Inc. alleged that the engines and the trucks containing them were defective. The respondents’ claims included claims of negligent and fraudulent misrepresentation. The action was commenced in British Columbia in June 2014 and was the first proposed class proceeding that dealt with such claims. Several other actions were commenced within a short period of time. The appellants took the position that the judge erred in assessing the objectives and factors in s. 4(4) of the Class Proceedings Act (CPA) and in failing to recognize that he was not being asked to weigh the benefits of a multi-jurisdictional class proceeding as against multiple actions in other provinces. Rather, the choice before him was between a multi-jurisdictional class proceeding and a British Columbia class proceeding together with proposed settlements for the rest of Canada. The appellants submitted that the judge was bound by comity to adjourn the proceedings pending the resolution of the proposed settlements in Alberta and Québec....