Williams v. Canon Canada Inc., 2011 ONSC 6571, aff’d 2012 ONSC 3692 (Div. Ct.)

Canon Canada Inc. and Canon Inc. ("Canon") successfully defeated the plaintiffs' appeal of a decision of the Superior Court of Justice refusing to certify a class action proposed on behalf of a class of owners of cameras manufactured by Canon. The Divisional Court found no error in the lower court's decision to strike the evidence of a "consumer product failure" expert proffered by the plaintiffs. The Divisional Court also found that the lower court did not err in finding that the plaintiffs had failed to satisfy the common issues portion of the test for certification. Canon was awarded its costs of the appeal in the amount of $40,000. Fasken Martineau acted as counsel to Canon with a team consisting of Paul Martin and Sarah Armstrong. Williams v. Canon Canada Inc., 2012 ONSC 3692 (CanLII)