The appellant and respondent reached a settlement in a copyright infringement class action, which the motion judge refused to approve.
The appellant appealed the refusal to the Court of Appeal.
The Court of Appeal quashed the appeal, holding that an order refusing to approve a class action settlement is an interlocutory order, not a final order, because the litigation continues and the merits of the case remain to be determined.
Therefore, jurisdiction to hear the appeal lies with the Divisional Court, with leave, rather than the Court of Appeal.
