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On May 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 against Goodyear Tires relating to an alleged manufacturing defect resulting in tire failure due to tread separation. The central issue was the scope of certification, with the Court also considering the evidentiary burden for the demonstration of commonality of issues.
Background
In 2012, Goodyear had issued a recall notice for 6 types of tires manufactured at the Fayetteville plant during a 13-week period during the spring of 2009. The representative plaintiff had experienced a failure in one of his Goodyear tires which was manufactured three weeks before the period covered by the recall notice.
Brad Baker, owner of Pinball Garage in Hamilton, plans to expand his bar that’s filled with pinball machines this summer, almost doubling its size and including a restaurant serving from a permanent food truck he outfitted.
NEW HAMBURG, Ontario, Canada – Two Supertest Service Station (“Canada’s All Canadian Company”) double-sided porcelain hanging signs sold for a combined $41,300 and a Bennett 541 Supertest .