The Court of Appeal for Ontario heard motions to quash an appeal of a class certification order in a price-fixing conspiracy case involving packaged bread.
The plaintiffs (appellants) argued the certification order, which defined the class, effectively dismissed claims of excluded persons and was thus a final order appealable under the Courts of Justice Act.
The defendants (moving parties) contended it was a certification order governed by the Class Proceedings Act (CPA) and that, under the CPA's transitional provisions, the appeal should lie to the Divisional Court with leave.
The court found the certification order was a procedural order, not a final one, as it did not decide the ultimate merits of any claim.
Consequently, the appeal provisions of the CPA applied.
Furthermore, the court determined that the pre-2020 amendments to the CPA governed the appeal because the original proceeding was commenced before the amendments came into force.
The appeal to the Court of Appeal was therefore quashed.
