The Federal Court struck a proposed class action alleging systemic negligence at Indian Oil and Gas Canada, finding the claims barred by labour-relations statutes and denying certification.
Statutory ouster of jurisdiction (fpslra s.236)
Residual jurisdiction and pssra
Systemic negligence
Grievance procedures and referability
Certification under federal courts rules rr.334.16–334.17
The court partly granted a pre-certification application for further particulars in a proposed child-welfare class action, ordering targeted particulars and rejecting others as premature.
The Federal Court did not err in certifying the class: the Further Amended Statement of Claim pleaded sufficient material facts to disclose reasonable causes of action in systemic negligence and Charter ss.7 and 15(1); there was some basis in fact for an objectively defined class and class period; the proposed common questions were capable of meaningfully advancing class members' claims; and a class proceeding was preferable given access to justice and judicial economy considerations. The motion judge's reliance on precedents and parts of other decisions was justified and did not amount to re…
The appeal is dismissed because the motion judge did not err in finding the proposed class proceeding unmanageable and therefore not the preferable procedure: the unprecedented scope and complexity and the absence of a workable, detailed litigation plan justified refusing certification, and that discretionary finding warrants deference.
The court certified an Indigenous child welfare class action alleging systemic negligence, Charter breaches, fiduciary duty, and unjust enrichment, and rejected certification-stage immunity bars.
The motion judge did not err: there was insufficient basis in fact to establish systemic, class‑wide wrongdoing at the hospital because the lawfulness of seclusion and restraint depends on individualized clinical assessments under the Least Restraint Principle; consequently there were no common issues appropriate for certification, the claims against individual officers failed to plead distinct tortious conduct, and the costs award was within the judge's discretion and not overturned on appeal.
The court partly granted a pre-certification motion to strike affidavit evidence in a proposed class action and struck two expert reports as inadmissible.
The Federal Court certified a class action by CAF members alleging racial discrimination and harassment and approved a $150 million settlement with systemic relief.
The court allowed a pre-certification territorial competence challenge to proceed, but adjourned final determination on the Ex Juris Québec gymnasts pending limited further submissions.