The appellant appealed the dismissal of her motion for certification of a class proceeding against a tour operator regarding a norovirus outbreak at resorts in the Dominican Republic.
The Divisional Court found that while the motions judge did not err in narrowing the class definition, he erred in principle in his analysis of the preferable procedure criterion by failing to assess it in the context of the narrowed class.
The appeal was allowed, the dismissal and costs orders were set aside, and the matter was referred back to the motions judge for consideration of a revised litigation plan.
