Class-action lawsuit against Ford to proceed to trial following issuance of certification notice

A class-action lawsuit against Ford Motor Company and its subsidiaries will proceed to trial after the Ontario Superior Court of Justice ordered the issuance of a certification notice to all customers who purchased or leased 2013 or 2014 model year Ford vehicles across Canada.

In January 2016, a class action was filed against Ford Motor Company, Ford Motor Company of Canada, Limited and Yonge-Steeles Ford Lincoln Sales Limited. The class action alleged that Ford had made false, misleading, and deceptive representations to the public which understated the fuel consumption of new 2013 and 2014 model year Ford vehicles, thereby violating both the Competition Act and Ontario’s Consumer Protection Act. It sought damages for all class members which include individuals and corporations who purchased or leased the said vehicles.

In December 2018, the Superior Court certified the class action. Following the certification order, the court ordered the issuance of a certification notice to all the class members. The certification notice seeks to inform every class member about the class action initiated on their behalf and give them the opportunity to opt out of it.

According to class counsel, Robins Appleby LLP and McKenzie Lake Lawyers LLP, the court may determine the following disputed issues common to the class:

• Whether Ford breached the Competition Act and the Ontario’s Consumer Protection Act;
• Whether class members are entitled to damages.

“Class members who want to participate in the class action are automatically included and need not do anything at this time,” Robins and McKenzie said. “A class member who opts out will not be entitled to participate in the class action.”

But “his or her right to pursue a claim in a separate proceeding will not be affected,” Robins and McKenzie added.