Shannon Reid

The Court of Appeal for Ontario allowed the appeal of the Attorney General of Canada, setting aside the conditional certification of a class action brought by Andrew Knisley, a veteran, regarding the administration of disability benefits by Veterans Affairs Canada.

The court found that conditional certification is not permitted under the Class Proceedings Act, 1992, and remitted the matter for reconsideration of whether an identifiable class exists.

The court also upheld the motion judge’s finding that the claim in negligence disclosed a reasonable cause of action.

The appellants appealed a trial judgment dismissing their action against the Township of Wainfleet for the destruction of a diseased apple orchard under the Weed Control Act.

They sought damages for negligence, misfeasance, trespass, and nuisance, and declarations that the Township's bylaw was passed in bad faith, not in the public interest, improperly targeted them, and was ultra vires.

The Court of Appeal found no error in the trial judge's conclusions that the bylaw was valid, the Township followed proper procedures including public notice, and the appellants were not targeted.

The appeal was dismissed.