The defendants moved for leave to appeal an order certifying a class action brought by the plaintiff franchisee.
The defendants challenged the certification of several common issues relating to GMCL's alleged breach of statutory duties and Cassels Brock & Blackwell LLP's alleged negligence and breach of contract.
The Divisional Court granted leave to appeal in part.
Leave was granted regarding the common issues of whether GMCL failed to disclose material facts and interfered with the right to associate, as these required individual inquiries.
Leave was also granted regarding the claims against the law firm, as there was conflicting authority on whether loss of chance requires proof that the plaintiff would have acted differently but for the breach.
Leave was denied for the remaining issues, and a request to stay the action against the law firm was refused.
