Two competing groups of plaintiffs, KMG and RGG, brought class actions against Barrick Gold Corporation for securities misrepresentations related to environmental violations at a Chilean mine.
The motion judge granted carriage to RGG, finding their broader claims and superior state of preparation were in the best interests of the class.
KMG appealed the carriage order.
The Divisional Court dismissed the appeal, holding that the motion judge articulated the correct test, did not err in law or principle, and committed no palpable and overriding factual errors in his assessment of the carriage factors.
