On June 22, 2011, the Honourable Justice W. Low of the Divisional Court granted leave to appeal in part to the defendants.

Justice Low allowed General Motors of Canada Ltd. (GM) to appeal the certification decision of Justice Strathy to the Divisional Court on two of the four issues on which it sought to appeal. The first is whether the effect of GM’s alleged breach of the right of association under s. 4 of the Arthur Wishart Act can be decided as a common issue in this proceeding. The second is whether GM’s alleged breach of the duty to disclose all relevant information to the dealers when it presented the Wind-Down Agreement can be decided as a common issue in this proceeding.

Justice Low did not grant leave to appeal on the question of whether or not GM breached the duty of fair dealing under s. 3 of the Wishart Act or whether the enforceability of the waivers and releases in the Wind-Down Agreement can be determined as common issues. As well, GM did not seek leave to appeal from Justice Strathy’s determination that the question of the validity of the rescissions ought to be determined as common issues in the class action.

As regards Cassels Brock, Justice Low granted leave to appeal on the three common issues certified against Cassels Brock. She did not, however, grant leave to appeal from the denial of the stay of proceedings sought by Cassels Brock.

The appeal in the Divisional Court will likely take place in the fall.