The defendants sought leave to appeal an order certifying a class action and an order refusing to strike the claim against the defendant law firm.
The underlying action involved a charitable gift program that was disallowed by the Canada Revenue Agency, leading to claims of breach of contract and negligence against the promoters and the law firm that provided tax opinions.
The Divisional Court dismissed the motions for leave to appeal, finding no good reason to doubt the correctness of the motion judge's conclusions that the common issues requirement was met and that the pleadings disclosed a tenable cause of action in negligence against the law firm.
