41 total
Appeal dismissed; motion judge had jurisdiction under the Class Proceedings Act to issue a proportionate liability bar order.
The appellants appealed a decision granting a bar order in a class proceeding.
They argued the motion judge lacked jurisdiction under ss. 12 and 13 of the Class Proceedings Act to make the order.
The Court of Appeal dismissed the appeal, finding the bar order appropriately limited the plaintiff's claim against non-settling defendants to their proportionate liability, in accordance with established principles.