On September 22, 2025, the Court of Appeal for Ontario upheld the Ontario Superior Court’s decision to dismiss certification in Carcillo v. Ontario Major Junior Hockey League.[1] The case arose from allegations of decades of abuse within Canada’s major junior hockey leagues. Despite upholding dismissal of certification, the Court noted important oversights by the motion judge and provided guidance with respect to when the cause of action, common issues, and preferability criteria under the Class Proceedings Act are met.[2] The Court also considered the law concerning class actions grounded in claims of systemic negligence and institutional abuse, and underscored the importance of a detailed litigation plan at certification, especially in the context of complex class actions.
The Court of Appeal’s decision reaffirms that pleadings should be read generously at the certification stage, systemic negligence cases are amenable to certification, and common issues should be assessed under a low threshold, allowing institutional duties and punitive damages to be resolved on a class-wide basis. At the same time, the case highlights how certification can ultimately turn on manageability, with an inadequate litigation plan proving fatal in complex, multi-defendant actions.