Canada v. Greenwood
HIS MAJESTY THE KING

- Parties: The appellant was His Majesty the King. The respondents were Geoffrey Greenwood and Todd Gray.

- Subject Matter: On Jan. 23, 2020, in Greenwood v. Canada, 2020 FC 119, the certification judge granted an order certifying a class proceeding against the Royal Canadian Mounted Police. The Class included two groups: the Class and the Family Class. The respondents moved to vary the certification order. On Apr. 21, 2020, the certification judge granted the respondents’ motion and amended the class definition. On appeal, the issue was whether the certification judge was entitled to reinstate the Family Class as part of the class definition originally certified after its inadvertent removal from the certification order.

- Ruling: The appeal court ruled in the appellant’s favour, allowed the appeal, and made no order as to costs in accordance with r. 334.39. The appeal court set aside the Federal Court’s order and remitted the question of the Family Class to the certification judge. The doctrine of functus officio was applicable to certification orders, given that such orders could be considered final orders for the purpose of class proceedings, the appeal court said.

- Date: The hearing was set on Nov. 7, 2023. The court released its decision on Jan. 30, 2024.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: No financial award was specified.

Federal Court of Appeal
A-96-23
Class actions
$ 0
Appellant
03 April 2023