Spring v Goodyear Canada Inc,

JudgeThe Honourable Mr. Justice Frans Slatter,The Honourable Madam Justice Barbara Lea Veldhuis,The Honourable Madam Justice Jo'Anne Strekaf
Neutral Citation2021 ABCA 182
Citation2021 ABCA 182
CourtCourt of Appeal (Alberta)
Date01 January 0001
Docket Number2021abca182
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
11 practice notes
  • Jensen v. Samsung Electronics Co. Ltd., 2023 FCA 89
    • Canada
    • Court of Appeal (Canada)
    • April 28, 2023
    ...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......
  • Setoguchi v Uber BV,
    • Canada
    • Court of Appeal (Alberta)
    • February 7, 2023
    ...which will not be overturned on appeal unless it reflects an error of principle or it is unreasonable: Spring v Goodyear Canada Inc, 2021 ABCA 182 [ Spring] at para Analysis A. Certification of Class Proceedings 17 To obtain certification, an applicant must establish the five statutory requ......
  • 2023 ABCA 45,
    • Canada
    • January 1, 2023
    ...which will not be overturned on appeal unless it reflects an error of principle or it is unreasonable: Spring v Goodyear Canada Inc, 2021 ABCA 182 [ Spring] at para Analysis A. Certification of Class Proceedings 17 To obtain certification, an applicant must establish the five statutory requ......
  • One-Step, Two-Step: Federal Court Of Appeal Confirms Common Issues Must Have A Minimal Evidentiary Foundation At Certification
    • Canada
    • Mondaq Canada
    • June 2, 2023
    ...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......
  • Request a trial to view additional results
4 cases
  • Jensen v. Samsung Electronics Co. Ltd., 2023 FCA 89
    • Canada
    • Court of Appeal (Canada)
    • April 28, 2023
    ...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......
  • Setoguchi v Uber BV,
    • Canada
    • Court of Appeal (Alberta)
    • February 7, 2023
    ...which will not be overturned on appeal unless it reflects an error of principle or it is unreasonable: Spring v Goodyear Canada Inc, 2021 ABCA 182 [ Spring] at para Analysis A. Certification of Class Proceedings 17 To obtain certification, an applicant must establish the five statutory requ......
  • 2023 ABCA 45,
    • Canada
    • January 1, 2023
    ...which will not be overturned on appeal unless it reflects an error of principle or it is unreasonable: Spring v Goodyear Canada Inc, 2021 ABCA 182 [ Spring] at para Analysis A. Certification of Class Proceedings 17 To obtain certification, an applicant must establish the five statutory requ......
  • Hyundai Auto Canada Corporation v Engen,
    • Canada
    • Court of Appeal (Alberta)
    • March 13, 2023
    ...mixed question of fact and law that should not be disturbed on appeal absent palpable and overriding error: Spring v Goodyear Canada Inc, 2021 ABCA 182 [ Spring] at para 11 As noted, Hyundai's central argument is that the certification judge erred in concluding that Mr. Engen establish......
6 firm's commentaries
  • Recall Evidence And Some Basis In Fact At Certification Motions
    • Canada
    • Mondaq Canada
    • July 15, 2021
    ...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 ......
  • Bring Some Evidence To Support The Claim Or Do Not Pass Go
    • Canada
    • Mondaq Canada
    • July 15, 2021
    ...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......
  • Where The Rubber Meets The Road: Evidentiary Burdens And Gain-based Remedies In Product Liability Class Actions
    • Canada
    • Mondaq Canada
    • June 4, 2021
    ...and disgorgement) in the context of product liability class proceedings. In particular, the decision, Spring v. Goodyear Canada Inc, 2021 ABCA 182, is significant for reaffirming the rigorous analysis required to establish a common issue in product liability cases that concern a range of pr......
  • The Alberta Court of Appeal Provides Guidance on the Test for Certification in Overturning Goodyear
    • Canada
    • JD Supra Canada
    • May 27, 2021
    ...17, 2021, the Alberta Court of Appeal released its decision in Spring v Goodyear Canada Inc., 2021 ABCA 182. This case is the latest Alberta consideration of the test for certification of a class action. At issue was whether the certification judge erred in certifying the class action again......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT