The appellants sought to certify a class action against a private religious school, its former headmasters, and the local Anglican Diocese for historical abuse.
The motion judge refused certification against all respondents, but specifically dismissed the action against the Diocese for failing to disclose a reasonable cause of action.
The appellants appealed to the Court of Appeal.
The Court held it had jurisdiction under s. 6(1)(b) of the Courts of Justice Act to hear the appeal regarding the Diocese, as it was a final order dismissing the action, not merely a refusal to certify.
On the merits, the Court upheld the dismissal, finding the pleadings failed to establish sufficient proximity to ground a duty of care or a fiduciary relationship between the Diocese and the students.
The Court declined to join the appeal regarding the other respondents, transferring it to the Divisional Court.
