The Coles Notes on Coles: Product recalls can defeat certification

By Jonathan Chen and Angela Hou (October 26, 2022, 11:40 AM EDT) -- While a product recall often leads to the filing of a proposed class action, we have now seen various cases where certification was denied due to the existence of a recall campaign. This was the result in both Maginnis et al. v. FCA Canada Inc. et al, 2021 ONSC 3897 and Richardson v. Samsung, 2018 ONSC 6130. Justice Paul Perell recently came to the same conclusion in Coles v. FCA Canada Inc., 2022 ONSC 5575. These cases highlight the effectiveness of a thoughtful recall program initiated by the manufacturer at defeating certification....