G.G. v. Ontario

G.G. v. Ontario

The motion judge declined to certify the action against the Children’s Aid Societies based on the Ragoonanan principle requiring a representative plaintiff with a cause of action against each defendant; the Court of Appeal exercised case management authority to convene a five‑judge panel to determine whether to...

Source-derived case information.

Citation
2025 ONCA 874
Parties
Plaintiffs (appellants/respondents): G.G. and W.W.; Defendants (respondents in COA 25 CV 0957; Respondents/appellant Positions Across Appeals): Children's Aid Societies (49 named societies); Defendant (respondent in COA 25 CV 0957; Appellant in COA 25 CV 0958): His Majesty the King in Right of the Province of Ontario
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
12 December 2025
Procedural Posture
Civil Class Action Certification Appeal / Case Management Order and Scheduling for Five Judge Panel Appeal; Appeals Perfected and Scheduled for Hearing
Outcome
Case management directions issued; appeals perfected and scheduled before a five‑judge panel to consider departure from the Ragoonanan principle; certification against Ontario remains under appeal; refusal to certify against the CASs by the motion judge recorded and will be litigated on appeal.
Legal Topics
Class Certification, Birth Alerts, Representative Plaintiff Requirement, Ragoonanan Principle
Source Language
english
Civil Class Actions Administrative Law Family and Child Protection Law Class Certification Birth Alerts Representative Plaintiff Requirement Ragoonanan Principle

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Parties

G.G. and W.W.

Plaintiffs (appellants/respondents)

Children's Aid Societies (49 named societies)

Defendants (respondents in COA 25 CV 0957; Respondents/appellant Positions Across Appeals)

His Majesty the King in Right of the Province of Ontario

Defendant (respondent in COA 25 CV 0957; Appellant in COA 25 CV 0958)

Procedural Posture

Civil Class Action Certification Appeal / Case Management Order and Scheduling for Five Judge Panel Appeal; Appeals Perfected and Scheduled for Hearing

Legal Issues

  1. 1 Whether the proposed class action can be certified against 49 Children’s Aid Societies despite the Ragoonanan representative‑plaintiff requirement
  2. 2 Whether this Court should depart from the Ragoonanan principle
  3. 3 Whether the motion judge erred in certifying the action against Ontario

Ratio Decidendi

The motion judge declined to certify the action against the Children’s Aid Societies based on the Ragoonanan principle requiring a representative plaintiff with a cause of action against each defendant; the Court of Appeal exercised case management authority to convene a five‑judge panel to determine whether to depart from Ragoonanan and to schedule and manage the grouped appeals, leaving the certification against Ontario under appeal.

Court Disposition

Case management directions issued; appeals perfected and scheduled before a five‑judge panel to consider departure from the Ragoonanan principle; certification against Ontario remains under appeal; refusal to certify against the CASs by the motion judge recorded and will be litigated on appeal.

Orders

  • Appeals scheduled for hearing April 13 and 14, 2026 before a five‑judge panel
  • Respondents to deliver responding materials in both appeals by January 16, 2026