The applicant, Gregory Zentner, sought certification of a class action against GFA World and related entities, alleging fraud and misappropriation of charitable donations.
The defendants brought a cross-motion for summary judgment to dismiss the claim on limitation grounds.
The court dismissed Zentner's motion for certification, finding that the pleadings did not disclose a cause of action because the donations were unencumbered gifts, meaning donors did not suffer a compensable loss recoverable through civil action.
The court also found insufficient factual basis for common issues, particularly regarding reliance and causation.
However, the defendants' summary judgment motion was also dismissed, as there remained a genuine issue requiring a trial concerning when Zentner discovered, or reasonably ought to have discovered, the material facts of his claim for limitation purposes.
