The defendants sought leave to appeal an order certifying a class action regarding a defective medical product.
The defendants argued that the pleadings did not satisfy section 5(1)(a) of the Class Proceedings Act and that the litigation plan improperly provided for a reference to determine individual issues under section 25.
The Divisional Court denied leave to appeal, finding no conflicting decisions or reason to doubt the correctness of the certification judge's decision, and emphasizing the deference owed to judges managing class proceedings.
