Appellant
Respondent
- Parties: The appellant was Eugene Kelly Tippett. The respondent was His Majesty the King.
- Subject Matter: This matter involved a certified class action. The class originally certified by the Federal Court comprised all persons who participated in a juvenile delinquent sentencing program – the “Developing Adolescence Strengthening Habits” (DASH) program – operated at HMCS Quadra in B.C. and suffered injury due to sexual abuse, assault, or harassment by Canadian Armed Forces members while participating in the program. The appellant moved to amend the class definition to also include all persons who participated in the Sea Cadets Tall Ships program or any Sea Cadets program, operated at HMCS Quadra in B.C. from 1980–1986, and suffered injury due to sexual abuse, assault, or harassment by Canadian Armed Forces members while participating in the programs. The appellant challenged the Federal Court’s dismissal of the motion.
- Ruling: The appeal court ruled in the respondent’s favour and dismissed the appeal. The Federal Court logically decided to focus primarily on the effect of the new evidence tendered by the appellant, the appeal court said. The Federal Court committed no palpable and overriding error in finding no basis in fact in the new evidence for the amended class definition, the appeal court added.
- Date: The hearing was set on Sept. 28, 2023. The court released its decision on Sept. 28, 2023.
- Venue: This was a federal case before the Federal Court of Appeal.
- Amount: No financial award was specified.
Court
Federal Court of AppealCase Number
A-358-21Practice Area
Class actionsAmount
$ 0Winner
RespondentTrial Start Date
24 December 2021Download documents