The defendants sought leave to appeal a decision certifying a class action and permitting the plaintiffs to amend their statement of claim to include negligent design.
The class action concerned allegedly defective elevator sheave jammers that the defendants installed and later required replacement.
The defendants argued the motions judge misapplied the 'some basis in fact' test for certification by not weighing their evidence against the plaintiffs' evidence.
The Divisional Court dismissed the motion for leave to appeal, finding no conflicting jurisprudence on the certification test and no reason to doubt the correctness of the motions judge's decision on either the certification or the pleading amendment.
