The appellants sought leave to appeal a Quebec Court of Appeal decision that denied leave to appeal a Superior Court authorization of a class action against automobile manufacturers for punitive damages arising from non-compliance with environmental standards.
The Superior Court had authorized the class action with respect to punitive damages only, declining to authorize the compensatory damages claim.
A majority of the Supreme Court found the Court of Appeal judge did not err in exercising her discretion to deny leave.
The minority would have granted leave on the basis that a question of law warranting appellate review had been raised, and would have remanded the matter to the Court of Appeal for a decision on the merits.
