In Robson v Federal Express Canada Corporation (“Robson”),[1] the Court of Appeal for Ontario dismissed the appeal of the certification of a consumer protection class action against Federal Express Canada Corporation and related companies (“FedEx”).
This article begins with a summary of the plaintiff's claim and the certification decision of the motion judge. The article then summarizes the Court of Appeal’s decision, identifying key aspects of the Court’s analysis of the cause of action, common issues, and class definition criteria. The decision suggests that Ontario may be a well-suited venue for consumer protection class actions against parcel delivery companies, as compared to British Columbia and Quebec, where similar cases have proven unsuccessful.[2]