- Parties: The appellants were Seismotech Safety Systems Inc. and Seismotech IP Holdings Inc. The respondents were Home Depot of Canada Inc and Rona Inc. (as proposed representative defendants for the class of defendants in the underlying actions).

- Subject Matter: The underlying matter involved a sequencing issue. Counsel for the appellants conceded that this appeal became moot as a result of the appellants’ decision to discontinue the proceedings in case files T-1146-23 and T-1149-23, which were commenced against the respondents in their capacity as representative defendants.

- Ruling: The appeal court ruled in the respondents’ favour and dismissed the appeal. The appeal court noted that there was no respondent before it to argue the merits of the appeal. The appeal court held that the appellants failed to persuade it to exercise its discretion to hear this appeal notwithstanding its mootness. The appeal court also said that the appellants failed to persuade it that the sequencing issue was otherwise elusive of review.

- Date: The hearing was set on Sept. 9, 2024. The court released its decision on Sept. 9, 2024.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: No financial award was specified.