Overview:
- This case involves multiple appeals arising from a motion to certify a class action, initiated by former junior hockey players (the plaintiffs) against the Ontario Major Junior Hockey League (OMJHL) and others.
- The plaintiffs allege maltreatment and abuse, including sexual assault, hazing, and bullying, within the junior hockey system from 1975 onward.
Key Appeals:
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Appeal of Certification Refusal: The court refused to certify the lawsuit as a class action.
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Appeal of Dismissal: The lawsuit was dismissed against some defendants due to lack of jurisdiction and representative plaintiffs.
- Transition Order Appeal: The court shifted the litigation to multiple joinder actions instead of a class action, based on s. 7 of the Class Proceedings Act.
Legal Issues:
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The defendants moved to quash the appeal of the Transition Order, arguing it was interlocutory (not final), and could only be appealed to the Divisional Court with permission.
- The plaintiffs argued the Transition Order had final aspects (restarting limitation periods, dismissal of claims) and should be heard alongside the other appeals in the Court of Appeal.
Decision:
- The court ruled that the Transition Order was interrelated with the other appeals. As such, they should be heard together in the Court of Appeal, even though parts of the order were interlocutory.
Outcome:
- Motion to quash the appeal of the Transition Order was denied. The appeals will proceed together.
- There was no mention of any monetary award or costs/damages in this ruling.