The Ontario Court of Appeal in Knisley v. Canada (Attorney General), 2025 ONCA 185, has confirmed that a class proceeding cannot be certified on a conditional basis. On a motion for certification, a motion judge must either certify an action as a class proceeding where the certification test has been met or must deny certification where the criteria for certification have not been met. No “conditional” certification, subject to amendments to satisfy the elements of the certification test, is allowable.
Background
The proposed class action related to alleged failures of Canada, through Veterans Affairs Canada (“VAC”), in the timely administration of veterans’ benefits and programs, which the proposed representative plaintiff claims has led to ongoing physical, psychological, emotional and mental harm, and other related damages.
As a result, the proposed representative plaintiff, a veteran of the Canadian Armed Forces (“CAF”) who was injured by an explosive device while on patrol when deployed in Afghanistan, sought to advance a class action on behalf of himself and other veterans who have suffered damages arising from the alleged failures of Canada, through VAC, to properly administer disability programs and make timely payment of benefits.