Plaintiff
Defendant
- Parties: The plaintiff was Dan Thomas. The defendant was the Attorney General of Canada.
- Subject Matter: The plaintiff wanted to certify and to be appointed as representative plaintiff of a class action against the Canadian Armed Forces (CAF) for systemic negligence, breach of statutory and fiduciary obligations, and breach of ss. 7 and 15 of the Canadian Charter of Rights and Freedoms. The purported class members were the CAF’s former and current members who allegedly experienced worsening symptoms of their mental health disorders during their service due to stigmatization inflicted by the CAF.
- Ruling: The court ruled in the plaintiff’s favour, granted the motion to certify this proceeding as a class action, appointed him the representative plaintiff, and approved the litigation plan. The court decided that it could certify the class action under negligence, breach of s. 15(1) of the Charter, and the related provisions under the Civil Code and Québec Charter. The court held that the plaintiff successfully pleaded the requisite elements under r. 334.16 of the Federal Courts Rules, SOR/98-106, as well as the requisite elements of negligence. Specifically, the court found sufficient basis in fact for the existence of an identifiable class, common issues, and the preferability of a class action proceeding over other procedures.
- Date: The hearing was set on Sept. 18, 2023. The court released its decision on May 9, 2024.
- Venue: This was a federal case before the Federal Court.
- Amount: The court awarded no costs.
Court
Federal CourtCase Number
T-791-21Practice Area
Constitutional lawAmount
$ 0Winner
PlaintiffTrial Start Date
12 May 2021Download documents