CIVIL PROCEDURE - Class or representative actions - Certification

Law360 Canada (February 2, 2021, 6:17 AM EST) -- Appeal by the Attorney General from a decision granting the respondent’s motion for certification. The respondent sued for damages resulting from the delay in receiving his lump sum pension benefits after his retirement from the Canadian Armed Forces. He did not receive interest on the monies owing to him and claimed he was forced to go into debt and incur interest obligations to cover his basic living expenses during the period immediately following his release. The respondent alleged other retirees from the Armed Forces experienced similar delays in receiving their pension benefits and suffered similar losses as a result since 2007. The Federal Court found that the statement of claim disclosed reasonable causes of action for breach of fiduciary duty, breach of contract and negligence, and that the other requirements of the class proceedings rules with respect to certification were met. The Attorney General argued that the court made numerous errors in its legal analysis in determining that the statement of claim disclosed reasonable causes of action, that the Federal Court’s analysis of the remaining certification criteria was inadequate and that the form of the certification order failed to comply with the Federal Courts Rules....
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