The defendants sought leave to appeal a motions judge's decision granting a Representation Order to add union members as defendants after the expiry of the limitation period, and refusing to strike the plaintiff's claim.
The Divisional Court granted leave to appeal the Representation Order, finding that recent Court of Appeal decisions abolishing the 'special circumstances' doctrine raised serious debate about the order's correctness.
However, the court denied leave to appeal the refusal to strike the claim, finding no palpable or overriding error in the motions judge's conclusion that the novel issues of vicarious liability for picketers' intentional torts should proceed to trial.
