The moving party, the Attorney General of Canada, sought leave to appeal an order certifying a class action brought on behalf of Canadian cattle farmers for economic losses arising from the discovery of BSE in 2003.
The moving party argued the motions judge erred in finding an identifiable class, certifying negligence as a common issue, and concluding a class proceeding was the preferable procedure.
The Divisional Court dismissed the motion for leave to appeal, finding no conflicting decisions on class-wide proof of loss and no reason to doubt the correctness of the motions judge's application of the certification criteria under the Class Proceedings Act.
