Ferris v. Canada (Attorney General)

Ferris v. Canada (Attorney General)

The Statement of Claim discloses a reasonable cause of action under s.15(1) of the Charter on the pleaded facts, the proposed class is objectively defined with some basis in fact, most proposed common questions are common and necessary to resolve class members' claims, a class proceeding is the preferable procedure given access to justice concerns, and the proposed representative plaintiff is adequate; certification is granted subject to amendment removing the Simpson reference from common question (c).

Citation
2025 FC 1029
Parties
Plaintiff / Representative Plaintiff: Jenny Ferris; Defendant: Attorney General of Canada
Court
Federal Court
Jurisdiction
Canada
Judgment Date
6 June 2025
Procedural Posture
Class Proceeding (charter Challenge to Federal Student Loan Program) / Certification Motion / Certification Granted (conditional)
Outcome
Certified as a class proceeding conditional on amendment to common question (c) to remove reference to Simpson; Representative Plaintiff appointed; common questions certified subject to amendment; notice, production and administrative orders made; stay of related proceedings; no costs awarded.
Legal Topics
Charter S.15 Equality, Disability Discrimination, Student Loans, Certification, Aggregate Damages
Source Language
English
Constitutional Law Administrative Law Class Actions Education Law Public Law Charter S.15 Equality Disability Discrimination Student Loans +2 more

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Parties

Jenny Ferris

Plaintiff / Representative Plaintiff

Attorney General of Canada

Defendant

Procedural Posture

Class Proceeding (charter Challenge to Federal Student Loan Program) / Certification Motion / Certification Granted (conditional)

Legal Issues

  1. 1 Whether the pleaded s.15(1) Charter claim discloses a reasonable cause of action
  2. 2 Whether the proposed class is identifiable
  3. 3 Whether the proposed common questions are common to the class

Ratio Decidendi

The Statement of Claim discloses a reasonable cause of action under s.15(1) of the Charter on the pleaded facts, the proposed class is objectively defined with some basis in fact, most proposed common questions are common and necessary to resolve class members' claims, a class proceeding is the preferable procedure given access to justice concerns, and the proposed representative plaintiff is adequate; certification is granted subject to amendment removing the Simpson reference from common question (c).

Court Disposition

Certified as a class proceeding conditional on amendment to common question (c) to remove reference to Simpson; Representative Plaintiff appointed; common questions certified subject to amendment; notice, production and administrative orders made; stay of related proceedings; no costs awarded.

Orders

  • This action is certified as a class proceeding pursuant to Rule 334.16 of the Federal Courts Rules, SOR/98-106, conditional upon the amendment to common question (c) to remove the reference to Simpson v Canada (Attorney General), 2020 ONSC 6465
  • Jenny Ferris is appointed as Representative Plaintiff for the Class