In Sellars v. Canada (Attorney General), 2025 FC 1477, released on September 8, 2025, Associate Judge Ring granted a motion to defer the delivery of Canada’s defence until after the disposition of the plaintiff’s certification motion. In doing so, Associate Jusdge Ring provided guidance on why the deferral of a defence may be appropriate when a defendant is faced with a complex claim.
In Sellars, the proposed representative plaintiff, Mr. Sellars, is a currently incarcerated member of the Xat’sull First Nations. Mr. Sellars' proposed class action, brought on behalf of all First Nations, Inuit, and Métis persons in Canada who were incarcerated in federal institutions from 1985 until now, seeks to litigate a section 15 Charter claim alleging systemic program underfunding and negligent operations. Canada moved for an extension of time to file its defence until after the final disposition of the certification motion.