The plaintiff appealed a decision declining to certify a negligent misrepresentation class action against underwriters of a secondary public offering.
A statutory misrepresentation claim against the issuer had already been certified on consent.
The Divisional Court allowed the appeal, finding the certification judge erred in concluding that a class proceeding was not the preferable procedure.
The Court held that resolving the common issues of duty of care, truth of the representation, and negligence in a single proceeding would significantly advance the claims, promote judicial economy, and improve access to justice compared to individual actions.
