Dirty Diesel: The Challenge of Isolating Compensable Losses in a Motion for Certification
In 2015, the Environmental Protection Agency of the United States (EPA) made waves when it determined that millions of Volkswagen “clean diesel” cars sold worldwide were cheating government emissions tests. By using something called a “defeat device” in their diesel engines, these cars were capable of changing their performance upon detecting that they were being tested, thereby improving test results. In reality, these cars emitted pollutants at levels 25 to 40 times higher than the legal limit. In Mackinnon v. Volkswagen Group Canada, Inc ., 2021 ONSC 5941, Justice Edward Belobaba of the Ontario Superior Court of Justice denied certification ... [more]
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