PRACTICE AND PROCEDURE - Parties - Representative or class actions

Law360 Canada (November 3, 2023, 6:11 AM EDT) -- Application by plaintiffs to certify proceeding as class action. The plaintiffs were former students of Jack Hulland Elementary School (JHES) from 2015 to 2017. The plaintiffs alleged that since 2002, holds, restraints and involuntary seclusions were regularly used at JHES in circumstances where there was no risk of imminent harm to the student or someone else. In and around 2008, a classroom was modified to include several small enclosed cubicles, with enough room for a desk and a chair, and a glass door. The classroom was called the “Study Hall” or “the Nest”. Both plaintiffs alleged that they were forcibly removed from the classroom and taken to the Nest on numerous occasions, often unsupervised and often for prolonged periods of time. The plaintiffs claimed that the government allowed these practices to go on at JHES during the operative period, contrary to the applicable standard of care and their fiduciary obligations to the students. The plaintiffs filed an action against the defendant Yukon government, Department of Education. This application was brought to continue the proceeding as a class action on behalf of all students and former students of JHES who were subjected to holds and restraints and/or were locked in a room and/or placed in seclusion between January 1, 2002 and June 30, 2022. The defendant argued that the class was not capable of clear definition and the representative plaintiffs were not adequate....
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