The defendants brought a motion for leave to appeal an order certifying the plaintiff's action regarding allegedly defective organic asphalt shingles as a class proceeding.
The defendants argued that the claims for negligent design and negligent manufacture should have been pleaded separately, that there was no common defect, and that the claim for pure economic loss could not succeed.
The Divisional Court dismissed the motion, finding no conflicting decisions or reason to doubt the correctness of the certification order, and emphasizing the flexibility of the class proceedings process.
