Objectors Unwelcome In The Court Of Appeal: Home Depot Of Canada Inc. v Hello Baby Equipment Inc., 2020 SKCA 7

In Home Depot of Canada Inc. v Hello Baby Equipment Inc., 2020 SKCA 7, the Court of Appeal confirmed that in Saskatchewan, individual class members have no right to appeal settlement approval orders – even where they appear as objectors and make submissions before the court of first instance.1

This decision is consistent with the approach taken by other appellate courts across the country. Home Depot and Wal-Mart have attempted to appeal from related settlement decisions across the country. To date, they have had their appeals quashed on similar bases by the courts of appeal in Ontario,2 British Columbia,3 and Quebec,4 and have now sought to appeal from those decisions to the Supreme Court.5 But, unless the Supreme Court determines otherwise, the Court of Appeal's decision means that individual class members have no right of appeal from decisions approving settlement agreements.

Background

Class proceedings were initiated in British Columbia in 2011 against banks that issue credit cards in Canada, including Visa Canada Corporation, Mastercard International Incorporated and National Bank of Canada Inc. Similar actions were also commenced in Alberta, Saskatchewan, Ontario and Québec.

Then, in 2017, settlements were reached in these class proceedings between the representative plaintiffs and Visa, Mastercard and National Bank. Pursuant to the class action legislation in each province, before the settlements became effective, court approval was required.

The settlements then went before the provincial superior courts in British Columbia, Alberta, Saskatchewan, Ontario and Québec. Before each court, Home Depot and Wal-Mart objected to the settlements. Yet...