The Goodyear Wrangler Silent Armor Tire Class Proceeding.

Code Hunter LLP is counsel of record in a class proceeding brought by representative plaintiff Christopher Cole Spring against Goodyear Canada Inc. and The Goodyear Tire & Rubber Company (collectively, “Goodyear”) in the Court of Queen’s Bench of Alberta (Action No. 1401-03496).

On April 14, 2020, the Honourable Madam Justice G.A. Campbell issued Reasons for Decision certifying the Action as a class proceeding in accordance with the Class Proceedings Act, SA 2000, c. C-16.5.

The Reasons for Decision granting certification are available here: [Spring v Goodyear Canada Inc., 2020 ABQB 252]. The decision is currently subject to appeal.

The Action is brought on behalf of all persons residing in Alberta, or elsewhere in Canada, who purchased or acquired Wrangler Silent Armor tires from the Goodyear defendants (the “Class Members”).

In March 2012, Goodyear issued a recall of its Wrangler Silent Armor tires manufactured between the 9^th and 22^nd weeks of 2009. Goodyear had been receiving high numbers of warranty claims for Wrangler Silent Armor tires since at least 2010.

The Representative Plaintiff, Christopher Cole Spring, was involved in a motor vehicle crash caused by the separation of the tread of a Wrangler Silent Armor tire manufactured in the 6^th week of 2009, three weeks prior to commencement of the recall period. As a result, Mr. Spring’s tires did not qualify for the recall.

An Amended Statement of Claim filed in the Action alleges that Goodyear knew or ought to have been aware that Wrangler Silent Armor tires manufactured both within and outside of the recall period were inherently defective and prone to tread separation during use, which can lead to a motor vehicle crash and expose consumers or users of the tires to physical danger and economic harm.

The allegations in the Statement of Claim have not been proven in court, and are disputed by Goodyear in its Statement of Defence.

The Action seeks financial compensation for loss sustained on the part of the Class Members, or disgorgement of profits arising from Goodyear’s sale of Wrangler Silent Armor tires the plaintiff alleges it knew or ought to have known were defective. A list of issues common to class members is set out in the filed Certification Order.

All Canadian purchasers of Goodyear Wrangler Silent Armor tires are included in the Class, and invited to contact Chad Babiuk or Ben Frenken of our firm for more information.

Please note that Class Members bear no financial responsibility for legal costs incurred in prosecuting the Action. Further, Class Members do not assume any financial obligation related to the Action by contacting our firm for information or updates.

Finally, Alberta’s Class Proceedings Act requires that prospective Class Members be notified that the Action has been certified as a class proceeding. This publication is not that notice, which remains subject to approval of the Court. Code Hunter LLP will seek that approval as soon as possible, and ensure affected Class Members are properly notified.