The plaintiff appealed the dismissal of its motion to certify a global class action against an Ontario accounting firm for negligence and negligent misrepresentation in an audit report.
The Divisional Court (majority) upheld the motion judge's decision, finding no palpable and overriding error in the conclusion that joinder was the preferable procedure and that Ontario lacked a real and substantial connection to the claims of the foreign investors.
The appeal and a motion for leave to appeal costs were dismissed.
A dissenting judge would have allowed the appeal and certified the class action.
