Court of Appeal for Ontario

Date: 2024-04-22 Docket: M54752 & M54789 (COA-23-CV-1180)

Judges: Gillese, Brown and Paciocco JJ.A.

Between:

Patricia North and Dinis Rego Plaintiffs (Appellants/ Respondents by way of cross-appeal/Moving Parties/Responding Parties)

and

Bayerische Motoren Werke AG, BMW of North America, LLC and BMW Canada Inc. Defendants (Respondents/ Appellants by way of cross-appeal/Responding Parties/Moving Parties)

Proceedings under the Class Proceedings Act, 1992

Counsel:

Alex Dimson, Stefani Cuberovic and Justin Smith for the moving parties (M54752)/responding parties (M54789) Peter J. Pliszka, Zohaib I. Maladwala and Lily MacLeod, for the responding parties (M54752)/moving parties (M54789)

Heard and released orally: April 17, 2024

Reasons for Decision

[1] We agree with the parties that the jurisprudence supports aspects of the appeal and cross-appeal being before this Court. The parties agree that given that circumstance, the other aspects of their appeal and cross-appeal can “piggyback” onto the appeal and cross-appeal and also be heard by this Court. We agree the appeal and cross-appeal are so interrelated that to avoid unnecessary duplication and to enable consistency of approach and result, both the appeal and cross‑appeal should be heard together by this Court, and we so order.

[2] Accordingly, on consent both motions to quash are dismissed, without costs.

“E.E. Gillese J.A.”

“David Brown J.A.”

“David M. Paciocco J.A.”