The plaintiffs sought leave to appeal a case management judge's order that amended the definition of an Ontario global class by removing members who participated in a court-approved settlement of parallel U.S. proceedings.
The plaintiffs argued the judge lacked jurisdiction, was barred by issue estoppel, and erred in recognizing the U.S. settlement without evaluating its merits.
The Superior Court of Justice dismissed the motion for leave to appeal, finding no conflicting decisions, no good reason to doubt the correctness of the order, and no palpable or overriding errors in the motion judge's exercise of discretion or application of international comity principles.
