Following the dismissal of the plaintiffs' appeal from a decision refusing certification of a class action, and the dismissal of the defendant's cross-appeal regarding costs, the Divisional Court determined the costs of the appeal.
The court found that the action involved a matter of public interest, particularly given the promulgation of the Cigarette Ignition Propensity Regulations.
Applying section 31(1) of the Class Proceedings Act and Rule 57, the court ordered that each side bear its own costs of the appeal and cross-appeal.
