CIVIL PROCEDURE - Parties - Class or representative actions - Certification - Pleadings

Law360 Canada (September 12, 2023, 6:32 AM EDT) -- Appeal by appellants from order dismissing an application brought on behalf of KO by her litigation guardian JO, and JO himself, to have the proceedings certified as a class action on grounds that trial judge erred in concluding pleadings did not disclose cause of action. The appellants sought to bring a class claim on behalf of all persons who, on or after July 1, 1968, suffered from a mental illness while resident in British Columbia, the main class, and on behalf of family members who rendered personal care to a member of the main class. They sought damages alleged to have been caused by substandard medical care resulting in personal injury, loss of dignity and the denial of patients' rights. The appellants sought to certify the class action and to have the certification order set out the common issues that were appended to these reasons. The common issues identified by the appellants all related to stigmatization of individuals with mental illness. None related to specific failures to provide care. The certification judge concluded the pleadings did not disclose a cause of action and it was plain and obvious the claim as pleaded could not succeed. The application for certification was dismissed....
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