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The Class Proceedings Act does not permit conditional certification of a class action.
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.
