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Cassels Brock Blocks Class Action Intervenors at the Ontario Court of Appeal

Published: 05/02/2018

Team: Jeremy Martin, Caitlin Russell

On April 25, 2018, Jeremy Martin and Caitlin Russell appeared before the Ontario Court of Appeal and successfully defended a motion for leave to intervene in the appeal of a summary judgment decision in a class action.

In CTS of Canada, Ltd. v. Wood et al., a coalition of employment advocacy groups sought leave to intervene at the Court of Appeal to provide their views on the interpretation of the mass termination provisions of the Employment Standards Act. Acting for the defendant, Cassels Brock successfully resisted the motion for leave to intervene by arguing the intervenors did not provide a useful perspective, had no exceptional expertise, and were insufficiently independent of the plaintiff class.

Associate Chief Justice Hoy determined the motion on the first argument and refused leave to intervene.

The main appeal will be argued starting May 15, 2018, by the Cassels Brock employment team, including Kristin Taylor, Tim Pinos, Caitlin Russell and Pamela Hinman.

See the full decision here.