The plaintiffs, aboriginal persons removed from their homes by Ontario child welfare authorities and placed with non-aboriginal families, brought a proposed class action against Canada for breach of fiduciary duty and negligence.
Canada appealed the dismissal of its motion to strike the statement of claim and the certification of the class action.
The Divisional Court dismissed the appeal, finding it was not plain and obvious that the claims for breach of fiduciary duty and negligence disclosed no reasonable cause of action, given Canada's unique relationship with aboriginal peoples and its delegation of child welfare responsibilities to Ontario.
