The plaintiffs sought to certify a class action against the Attorney General of Canada on behalf of female cadets who allegedly suffered sexual misconduct while enrolled in the Cadet Program.
The plaintiffs alleged systemic negligence, breach of fiduciary duty, negligent misrepresentation, and breach of s. 7 of the Charter.
The Superior Court of Justice dismissed the certification motion.
While the negligence claim disclosed a reasonable cause of action, the other claims were struck.
The court found the plaintiffs failed to provide some basis in fact that there was an identifiable class of two or more persons, that the claims raised common issues, or that a class proceeding was the preferable procedure, as the allegations would require highly individualized inquiries.
