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ARTICLE · 28 JUNE 2018

LBP Holdings Ltd. v. Hycroft Gold Corp.: Leave Required To Appeal Certification Order Excluding Defendants

Osler, Hoskin & Harcourt LLP
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She accordingly quashed the appeal but granted the plaintiff an extension of time to bring a leave motion.

CanadaLitigation, Mediation & Arbitration
W. David Rankin
W. David Rankin
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In LBP Holdings Ltd. v. Hycroft Gold Corp. et al., Justice Thorburn held that leave to appeal to the Divisional Court was required under s. 30 of the Class Proceedings Act, 1992 where the certification order excluded two defendants, but allowed the plaintiff to pursue claims against them individually. She accordingly quashed the appeal but granted the plaintiff an extension of time to bring a leave motion.

Background 

The plaintiff LBP Holdings Ltd. ("LBP") commenced a class action against the gold and silver mining company Hycroft Gold Corp.. Justice Perell certified a class proceeding but excluded two defendants (the "Underwriters") from the action because the claims against them did not meet the "preferable procedure" criterion of the test for certification. LBP purported to appeal the certification order to the Divisional Court without seeking leave, and the Underwriters moved to quash the appeal.

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