Court of Appeal refuses to allow further appeal in GM/Cassels Brock class action
The Ontario Court of Appeal has denied leave to appeal in the ongoing class action against General Motors of Canada Limited and the law firm Cassels Brock & Blackwell. The defendants have now exhausted all appeal routes for the certification decision and the case will proceed toward trial.
The lawsuit claims that General Motors of Canada Limited breached franchise laws in connection with the agreements which GM obtained from the dealers it selected for elimination as part of the federal auto bailout. The claim further alleges that Cassels Brock & Blackwell failed to disclose to the dealers that it was simultaneously acting for the Canadian Government in the GM auto bailout and that it breached its duties to the dealers.
Previously, the action was certified as a class proceeding by the Ontario Superior Court of Justice. That decision was appealed by both defendants to Divisional Court, where they were unsuccessful on all counts. Cassels Brock & Blackwell sought to appeal that decision to a higher court, the Court of Appeal, which has now been denied.