ABQB Refuses Certification Of Action Alleging Abuse; Individual Litigation Is Preferable

In the recent decision of VLM v Dominey, 2022 ABQB 299 ("Dominey"), the Alberta Court of Queen's Bench ("ABQB") provided guidance on the type of evidence that may be admissible to meet the "some basis in fact" burden of proof the plaintiff bears to establish the criteria for certification, and refused to certify the action because a class proceeding was not the preferable procedure for the determination of allegations that putative class members were abused.

In Dominey, the plaintiff alleged that multiple defendants abused putative class members between 1985 to 1989 while they were detained in the Edmonton Youth Development Centre. In support of the plaintiff's application to certify the action, they lead evidence that one defendant had been noted in default, filed a paralegal's affidavit describing her interview of two prospective class members (which attached portions of two separate police reports), and filed a transcript from a preliminary inquiry in which a