In what circumstances will the common issues judge determine whether a product was negligently designed and that it did not work?
Ontario, Canada
The following excerpt is from Cannon v. Funds for Canada Foundation, 2012 ONSC 399 (CanLII):
In this particular case, reading the pleading generously, there are allegations that the “product” – the Gift Program – was negligently designed and that it did not work. There are also allegations that the defendants negligently made misrepresentations that it would work. It is conceivable that one claim might succeed and the other might fail. Why should it not be left for the common issues judge to determine whether one or both claims have been made out, assuming that both claims are appropriate for certification? Similar observations were made by Wilson J. in Hunt v. Carey, above, in the context of conspiracy pleadings.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the requirement that the Class Members raise common issues become entwined with the requirement of 5(1)(d) that a class proceeding would be a preferable procedure for resolution of the common issues? (Ontario, Canada)
Can punitive damages be certified as a common issue for the first common issues trial? (Ontario, Canada)
Is fact evidence relevant in determining whether a party has been negligent in a prior negligence claim? (Ontario, Canada)
What are the implications of common issues that remain after common issues have been resolved? (Ontario, Canada)
What is the test for determining whether a professional who adheres to common professional practice is liable for negligence in a medical malpractice case? (Ontario, Canada)
Does a common law spouse have a duty to perform unpaid work for her common law partner? (Ontario, Canada)
In what circumstances will a judge in a sexual assault case be found to have objected to the words of the Judge at the trial of the accused? (Ontario, Canada)
What is the test for determining whether a judge has medical expertise? (Ontario, Canada)
In what circumstances have courts considered the importance of due diligence in determining whether a company’s claim is reasonable? (Ontario, Canada)
What is the test for determining whether a defendant’s jurisdiction has to be determined by the Court of Appeal? (Ontario, Canada)
