Spring v Goodyear Canada Inc, 2021 ABCA 182
| Judge | The Honourable Mr. Justice Frans Slatter,The Honourable Madam Justice Barbara Lea Veldhuis,The Honourable Madam Justice Jo'Anne Strekaf |
| Neutral Citation | 2021 ABCA 182 |
| Citation | 2021 ABCA 182 |
| Date | 01 January 0001 |
| Court | Court of Appeal (Alberta) |
| Docket Number | 2021abca182 |
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17 practice notes
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Price v Smith & Wesson Corporation,
...(Attorney General), 2022 BCCA 131; Simpson v. Facebook, 2021 ONSC 968, aff'd 2022 ONSC 1284 (Div. Ct.); Simpson v. Goodyear Canada Inc., 2021 ABCA 182; Canada v. Greenwood, 2021 FCA 186; MacInnis v. Bayer Inc., 2020 SKQB 307; Atlantic Lottery Corp. Inc. v. Babstock, 2020 SCC 19; Kuiper v. C......
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COURT OF APPEAL SUMMARIES (March 25 – March 29)
...v. Ontario, [1992] 3 S.C.R. 762, Boulanger v. Johnson & Johnson Corp., 174 O.A.C. 44 (C.A.), Spring v. Goodyear Canada Inc., 2021 ABCA 182, Nissan Canada Inc. v. Mueller, 2022 BCCA 338, leave to appeal refused, [2022] S.C.C.A. No. 446, Fehr v. Sun Life Assurance Company of Canada, 2018 ONCA......
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Jensen v. Samsung Electronics Co. Ltd.,
...2021 CarswellAlta 2262 at para. 56 and fn 39; aff’d (on this point) 2023 ABCA 85 at para. 12; Simpson v. Goodyear Canada Inc., 2021 ABCA 182, 459 D.L.R. (4th) 315 at para. 40. [82] In support of their argument for the one-step approach, the appellants rely on a single passage taken f......
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ATCO Energy Solutions Ltd v Energy Dynamics Ltd,
...Motors of Canada Company, 2019 SKQB 98 at para 35; Spring v Goodyear Canada Inc, 2020 ABQB 252 at paras 28-29, rev'd on other grounds 2021 ABCA 182; Kett v Mitsubishi Materials Corporation, 2020 BCSC 1879 at para 74; Nissan Canada Inc v Mueller, 2022 BCCA 338 at para 41, leave to appeal to ......
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12 cases
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Price v Smith & Wesson Corporation,
...(Attorney General), 2022 BCCA 131; Simpson v. Facebook, 2021 ONSC 968, aff'd 2022 ONSC 1284 (Div. Ct.); Simpson v. Goodyear Canada Inc., 2021 ABCA 182; Canada v. Greenwood, 2021 FCA 186; MacInnis v. Bayer Inc., 2020 SKQB 307; Atlantic Lottery Corp. Inc. v. Babstock, 2020 SCC 19; Kuiper v. C......
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Jensen v. Samsung Electronics Co. Ltd.,
...2021 CarswellAlta 2262 at para. 56 and fn 39; aff’d (on this point) 2023 ABCA 85 at para. 12; Simpson v. Goodyear Canada Inc., 2021 ABCA 182, 459 D.L.R. (4th) 315 at para. 40. [82] In support of their argument for the one-step approach, the appellants rely on a single passage taken f......
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Reilly v Alberta,
...s. 36(1)(a) of the Competition Act is a question of law, reviewable on a standard of correctness”) & Spring v. Goodyear Canada Inc., 2021 ABCA 182, ¶ 16; 459 D.L.R. 4th 315, 324 (“Whether the pleadings disclose a cause of action is a question of law reviewed for 4 Reilly v. Alberta, 202......
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ATCO Energy Solutions Ltd v Energy Dynamics Ltd,
...Motors of Canada Company, 2019 SKQB 98 at para 35; Spring v Goodyear Canada Inc, 2020 ABQB 252 at paras 28-29, rev'd on other grounds 2021 ABCA 182; Kett v Mitsubishi Materials Corporation, 2020 BCSC 1879 at para 74; Nissan Canada Inc v Mueller, 2022 BCCA 338 at para 41, leave to appeal to ......
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8 firm's commentaries
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COURT OF APPEAL SUMMARIES (March 25 – March 29)
...v. Ontario, [1992] 3 S.C.R. 762, Boulanger v. Johnson & Johnson Corp., 174 O.A.C. 44 (C.A.), Spring v. Goodyear Canada Inc., 2021 ABCA 182, Nissan Canada Inc. v. Mueller, 2022 BCCA 338, leave to appeal refused, [2022] S.C.C.A. No. 446, Fehr v. Sun Life Assurance Company of Canada, 2018 ONCA......
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One-Step, Two-Step: Federal Court Of Appeal Confirms Common Issues Must Have A Minimal Evidentiary Foundation At Certification
...para 81), there has been recent express support for the two-step approach at the Alberta Court of Appeal (Spring v. Goodyear Canada Inc., 2021 ABCA 182 at para 40; Hyundai Auto Canada Corp. v. Engen, 2023 ABCA 85 at para 12) and the Ontario Divisional Court (Kuiper v. Cook (Canada) Inc., 20......
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Recall Evidence And Some Basis In Fact At Certification Motions
...that recalls cannot be blindly relied on as some basis in fact in support of class action certification. Spring v. Goodyear Canada Inc., 2021 ABCA 182 (Goodyear) and Maginnis v. FCA Canada Inc., 2021 ONSC 3897 (Maginnis) demonstrate that the legal theory of a class claim must be consistent ......
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Bring Some Evidence To Support The Claim Or Do Not Pass Go
...where the Court weeded out hopeless claims and refused to certify due to a lack of supporting evidence: Spring v Goodyear Canada Inc, 2021 ABCA 182, and Maginnis and Magnaye v FCA Canada et al, 2021 ONSC Spring v Goodyear Canada Inc. Goodyear concerned an alleged systemic manufacturing defe......
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