The plaintiff sought certification of a class action against the Attorney General of Canada on behalf of veterans who experienced delays in the processing of disability benefits.
The court applied the five-part test under s. 5(1) of the Class Proceedings Act.
The court struck the claims for breach of s. 7 of the Charter, breach of fiduciary duty, breach of contract, and negligent misrepresentation, finding it plain and obvious they could not succeed.
However, the court found the negligence claim disclosed a reasonable cause of action.
The court certified the class action for the negligence claim, conditional on the plaintiff amending the class definition.