J. Adam Dewer

The parties disagreed on the form of the order reflecting the court's appeal decision regarding class certification.

The appellant argued the class should expressly include recipients of both English and French versions of the documents, while the respondent argued it should be restricted to the English version.

The Divisional Court agreed with the appellant, noting no distinction was made during the appeal, and varied the certification order to include both language versions.

The Divisional Court issued a costs endorsement following an appeal and motion for leave to appeal.

The appellant was awarded $50,000 inclusive for the appeal and leave motion.

The costs of the underlying certification motion were remitted to the motion judge, who had extensive experience with the matter, to determine a fair and reasonable amount.

The plaintiff appealed a motion judge's decision refusing to certify a negligent misrepresentation claim as a class proceeding.

The proposed class consisted of investors in the defendant's investment fund who received an information folder containing an allegedly misleading statement about replicating a stock index.

The Divisional Court allowed the appeal, finding that a class action was the preferable procedure because it would overcome economic barriers to access to justice for tens of thousands of potential class members and would promote judicial economy by resolving common issues.