Toyota Jidosha Kabushiki Kaisha (Toyota Motor Corporation) v. Marrand Auto Inc., 2025 CanLII 114198
Associate Justice Horne - 2025-11-06
Read full decision. Summary prepared by Alan Macek:
This is the defendant’s second motion to strike the statement of claim without leave to amend. The plaintiffs [Toyota] received notice from the CBSA that a shipment of suspected counterfeit Toyota automotive parts had been detained. ... I granted the defendant’s [earlier] motion in part [see 2024 FC 1776; 2025 FC 1105; A-242-25) ... The Claim emphasizes that the parts received by the defendant were not shipped in accordance with Toyota policies and procedures but does not adequately inform the defendant as to how that results in an unsafe part being sold to consumers. Non-compliance with Toyota’s shipping protocols alone is insufficient to constitute misrepresentation. ... Having regard to all the above, I am not satisfied that the Claim discloses a cause of action. It must be struck.
Decision relates to:
- T-627-23 - TOYOTA JIDOSHA KABUSHIKI KAISHA trading as TOYOTA MOTOR CORPORATION et Al.