Lois B. Roberts

The appellant appealed a decision refusing to certify her action as a class proceeding.

She alleged that she and other women were coerced into posing nude or topless for the respondents' newspaper and subjected to inappropriate conduct.

The Divisional Court upheld the motions judge's finding that the claims lacked common issues, as determining liability would require individual assessments of each proposed class member's circumstances.

The appeal was dismissed.

The defendant sought leave to appeal an order removing their counsel due to a disqualifying conflict of interest arising from a law firm merger.

The motions judge had applied a strict 'bright line' test, disqualifying the firm because an ethical wall was not erected prior to the merger.

The Divisional Court granted leave to appeal, finding good reason to doubt the correctness of the motions judge's decision, as it failed to apply the balancing approach mandated by Rule 2.05(4) of the Rules of Professional Conduct and ignored evidence that the motion may have been brought for tactical purposes.