Peter J. Pliszka, a partner at Fasken Martineau DuMoulin LLP in Toronto, recently obtained a defence victory at the Ontario Court of Appeal for client BMW in North v. Bayerische Motoren Werke AG et al, 2025 ONCA 340--a class action involving various claims of alleged design and manufacturing defects. On the plaintiff’s certification motion at first instance, BMW had achieved partial success; the motion judge certified a class action encompassing a substantially narrower claim than that which the plaintiffs had sought. The plaintiff appealed that order and BMW cross-appealed. The Court of Appeal dismissed the plaintiff’s appeal and allowed BMW’s cross appeal, holding that the certification order should be set aside in its entirety. In so ruling, the Ontario Court of Appeal adopted Fasken’s submissions and clarified previous Canadian jurisprudence which narrowed the potential for recovery of pure economic loss damages in a product liability claim under the tort of negligence.