Law360 Canada ( October 10, 2024, 2:34 PM EDT) -- Appeal by Kane from dismissal of her application to have action against FCA Canada Inc. (FCA) certified as class action. FCA manufactured and distributed vehicles in Canada. Over the course of numerous years, FCA issued recall notices covering defects in many different models of vehicles that were sold in Canada. Kane had purchased one of those vehicles, was dissatisfied with the repairs, and claimed to have suffered various losses as a result. She initiated an action and sought to have it certified as a class action covering the owners and lessees of approximately 900,000 vehicles affected by 24 different recall notices. Certification was not granted. The chambers judge (judge) determined that the statement of claim disclosed a cause of action in negligence only. He noted that Kane would not be a member of any identifiable class and would have no meaningful common interest with any other members of the class. Leave to appeal was granted on the following grounds: whether the judge erred by imposing tests that were too stringent and by implicitly requiring that the representative plaintiff have an interest in the determination of each of the common issues....