ABCA Overturns ABQB's Decision In Denying Certification Of Action Alleging Abuse

In VLM v. Dominey Estate, 2023 ABCA 261, the Alberta Court of Appeal overturned the Alberta Court of King's Bench in VLM v. Dominey, 2022 ABQB 299. The lower court denied certification of a proposed class action against the Alberta government and the Synod of the Diocese of Edmonton for the actions of a deceased priest who allegedly committed sexual assaults against youth inmates in a correctional facility between 1985 and 1989. In overturning the certification decision and certifying the action, the Court of Appeal appears to (i) limit the application of the "some basis in fact" standard for the preferable procedure criterion, while also (ii) arguably requiring a minimal "basis in fact" to establish the merits of the claim at certification.