The plaintiffs moved for certification of a class action against the Crown for systemic negligence and breach of fiduciary duty regarding the failure to advance compensation claims for former Crown wards who suffered abuse or neglect.
The court granted the motion, certifying common issues related to duty of care, standard of care, breach, fiduciary duty, aggregate damages, and punitive damages.
The court found a class action to be the preferable procedure, promoting access to justice, judicial economy, and behaviour modification, despite the Crown's arguments regarding over-broad class definition and alternative compensation avenues.
