The plaintiff appealed the dismissal of a motion to certify a class proceeding arising from a city bus crash.
The Certification Judge had denied certification on the basis that a class proceeding was not the preferable procedure, noting the plaintiff's strategic choice to pursue complex systemic negligence claims while ignoring direct claims against the bus driver and the city as owner.
The Divisional Court dismissed the appeal, finding no palpable and overriding error or error of law in the Certification Judge's discretionary preferability analysis.
Leave to appeal the costs order of the certification motion was also denied.
