The moving parties (defendants) sought an extension of time to seek leave to appeal an order denying them leave to appeal a class action certification order.
The moving parties argued that a recent Saskatchewan Court of Appeal decision quashing a similar class action created conflicting decisions.
The Court of Appeal for Ontario held that if the order denying leave was final, the appeal lay to the Court of Appeal as of right, and if interlocutory, to the Divisional Court with leave.
The court granted an extension of time to file a notice of appeal to the Court of Appeal, leaving the determination of whether the order was final or interlocutory to a panel of the court.
