James Newland

The defendants sought leave to appeal an order granting certification of a class action regarding allegedly defective hip implants.

The defendants argued that the motion judge's approach to evidence on commonality conflicted with other decisions and that there was good reason to doubt the correctness of the certification order.

The Divisional Court dismissed the motion for leave to appeal, finding no conflicting decisions and no reason to doubt the correctness of the motion judge's application of the 'some basis in fact' standard for certification.

The defendants sought leave to appeal an order certifying a class action regarding a defective medical product.

The defendants argued that the pleadings did not satisfy section 5(1)(a) of the Class Proceedings Act and that the litigation plan improperly provided for a reference to determine individual issues under section 25.

The Divisional Court denied leave to appeal, finding no conflicting decisions or reason to doubt the correctness of the certification judge's decision, and emphasizing the deference owed to judges managing class proceedings.

The appellants appealed a costs award of $610,700.85 granted to the respondents following a successful class action certification motion.

The appellants argued the award was excessive, failed to reflect reasonable expectations, and was inconsistent with prior certification motion costs.

The Divisional Court dismissed the appeal, finding that the motion judge properly exercised his discretion, applied the overriding principle of reasonableness, and appropriately reduced the respondents' claimed costs by 40 percent to account for duplication and overkill.

The court emphasized the high level of deference owed to a case-management judge in complex class proceedings.