Law360 Canada ( August 30, 2022, 6:04 AM EDT) -- Appeal by the defendant Canada from an order certifying a class action. Additional appeals by Canada relating to reasons for judgment of May 2016 and February 2017. From January 7, 2010 to January 18, 2010, the maximum security federal penitentiary Kent Institution was in lockdown and its approximately 215 inmates were subject to two exceptional searches. During the lockdown, inmates were restricted to their cells except for their removal for strip searches, and programs and visits were suspended. The respondent/plaintiff Ewert was an inmate of Kent Institution at the time and started this action, complaining about the searches. The action included claims in negligence, the intentional torts of unlawful imprisonment and misfeasance in public office, and Charter claims. Ewert intended the action to be certified as a class proceeding. On January 31, 2018, the action was certified, and a list of common issues was approved. The additional appeals arose from two prior decisions made over the course of the certification process. Canada took the position that the judge erred in finding common issues existed on liability and damages because all the claims required individual consideration of the experiences of the inmates and necessarily depended upon the behaviour and circumstances of each class member and their interactions with prison personnel. Canada also submitted that the certification order had to be set aside because the judge failed to consider preferability after he made key determinations and concluded the other requirements of s. 4(1) of the Class Proceedings Act were met....