Appeal From Refusal To Approve Class Action Settlement Is Interlocutory

In Ontario, a settlement in a class action must be approved by the Court. The same is true of class counsel's fees. What happens when the Court makes an order refusing to approve a settlement and class counsel's fees? In its January 28, 2015 decision in Waldman v. Thomson Reuters Canada Limited, the Ontario Court of Appeal determined that such an order is interlocutory. Therefore, an appeal must be brought in the Divisional Court, with leave, instead of the Court of Appeal.

The Case

In the underlying case, the representative plaintiff alleged that the defendant infringed the copyright of the class members (a group of lawyers) by republishing their work without their permission. After certification, the representative plaintiff and the defendant agreed to terms of a settlement. The Superior Court refused to approve the settlement.