The appellants appealed the dismissal of their motion to certify a national class proceeding against major online accommodation booking platforms for alleged systemic misleading advertising practices.
The appellants sought nominal damages, punitive damages, and disgorgement under consumer protection legislation, explicitly disclaiming compensatory damages.
The Divisional Court upheld the motion judge's finding that it was plain and obvious these remedies were unavailable under the Consumer Protection Act without proof of individual compensatory harm.
The appeal was dismissed.
