Lawyer’s Daily: Randy Sutton speaks about the effective use of summary judgments to decide cases where it appears the evidence does not warrant a trial
Canada | In the media | October 2022
Summary judgment puts brakes on misleading advertising class action | The Lawyer’s Daily
Norton Rose Fulbright partner and global co-head of life sciences and healthcare Randy Sutton outlines the effective use of a summary judgment in a class action case against Ford focused on misleading advertising. In that case, the evidence presented by the plaintiff was considered insufficient, especially since the defendant had followed prevailing government guidelines for industry advertising using standardized labels to report vehicle fuel consumption and efficiency.
In dismissing the class action on the merits, the court found "a complete absence of evidence for any of the Plaintiff's key allegations."
"Ford's compliance with federal government guidelines could not fairly or reasonably amount to a breach of federal competition law because it would run contrary to common sense and fair play."
