Law360 Canada ( July 31, 2025, 12:56 PM EDT) -- Appeal by appellants from the dismissal of their motion to certify a class proceeding. The appellants alleged systemic negligence in the operation and oversight of a maximum security forensic psychiatric hospital in Penetanguishene, Ont., operated by the respondent, Waypoint Centre for Mental Health Care (Waypoint Centre). The appellants claimed that the hospital subjected patients to excessive, punitive and arbitrary use of seclusion and restraint, akin to solitary confinement, violating their common law, statutory and Charter rights, as well as international norms against torture and cruel treatment. The motion judge dismissed the certification motion, finding no basis in fact for systematic wrongdoing by the respondents, which was essential for an institutional abuse class action. The judge held that the proposed class action failed to satisfy the “common issues” criterion under the Class Proceedings Act, 1992, as the issues required individual assessments of each patient’s circumstances. The judge also found that a joinder action would be preferable for those with individual claims and dismissed the claims against individual respondents due to a lack of material facts for personal liability. The appellants argued that the motion judge erred in his commonality analysis by misconstruing the elements of systemic wrongdoing, erroneously determining the standard of care, and making merits determinations amidst conflicting evidence. They also contended that the judge erred in finding a joinder action preferable and in dismissing negligence claims against individual respondents. Additionally, they sought leave to appeal the costs order, arguing it was unprecedented and would deter access to justice....