Dr. Stephen Rose James sought leave to appeal portions of a motion judge's order that certified a class action and defined common issues, specifically regarding the wording of the breach of standard of care common issue and the certification of punitive damages as a common issue.
The court granted leave to appeal the breach of standard of care issue, finding serious debate regarding the procedure followed when the motion judge amended the common issue post-hearing without submissions.
However, leave to appeal the punitive damages common issue was refused, as it was deemed common to the class and not an issue extending beyond the parties' interests.
