The defendant sought leave to appeal a decision certifying a multi-jurisdictional class proceeding regarding the prescription of CHAMPIX, a smoking cessation medication, and the subsequent $300,000 costs award.
The Divisional Court dismissed the motion, finding no conflicting decisions and no good reason to doubt the correctness of the certification decision.
The court held that the motions judge applied well-established legal principles and made no palpable and overriding error of fact or law.
The costs award was also upheld as there was no error in principle.
