Law360 Canada (April 24, 2023, 9:43 AM EDT) -- Appeal by Hyundai from the certification judge’s decision certifying product liability action of Engen as a class proceeding. Hyundai argued that the certification judge erred in concluding Engen established some basis in fact for a common defect. Hyundai sought to have the certification order set aside in its entirety. Engen brought a claim against Hyundai for designing, manufacturing and installing sunroofs in certain vehicle models which Engen claimed were defective and dangerous. The claim alleged panoramic sunroofs installed in six models of vehicles designed and manufactured by Hyundai were defective as being susceptible to spontaneous shattering under normal driving conditions. Engen brought an application for certification of the action as a class proceeding under the Class Proceedings Act. The proposed class was comprised of persons who own, owned, lease or leased one of six Hyundai models, variously manufactured between 2011 and 2018. Engen retained an expert, Doctor Perovic, a professor of Materials Science and Engineering at the University of Toronto, to provide an opinion as to potential causes of the shattering sunroofs. Hyundai argued that Engen, the proposed representative plaintiff, failed to provide some basis in fact for a common defect, thereby undermining the claims for negligence and breach of express and implied warranty....