The moving parties sought leave to appeal an order that stayed their proposed class action (the Labourers Action) and granted carriage to a competing proposed class action (the DALI Action).
The underlying actions alleged securities misrepresentations by Barrick Gold Corporation.
The Divisional Court granted leave to appeal, finding that the motion judge's approach to assessing the complexity of claims and the state of preparation conflicted with established case law and provided good reason to doubt the correctness of the decision.
