The moving parties (class action plaintiffs) brought a motion to quash appeals filed by the respondent objectors.
The court found that the appellants did not have a right of appeal under s. 30(3) of the Class Proceedings Act because they were not parties to the class proceeding.
Furthermore, they did not meet the requirements of s. 30(5) as they had not obtained leave to act as a representative party for an appeal from a judgment on common issues or an aggregate assessment.
The appeals were quashed and the motion to act as representative plaintiff was dismissed.
