Ontario Superior Court Rejects Pre-Certification Discovery In Children's Homes Class Action

In Morrison v. Hatts Off Inc. et al., 2025 ONSC 4320, the Ontario Superior Court of Justice declined to order pre-certification discovery of sensitive Children's Aid Society records in a proposed class action alleging systemic negligence and fiduciary breaches in children's group homes. The decision reinforces the principle that there is no right to "pre-certification" discovery, particularly when that discovery would result in the disclosure of highly sensitive records involving a minor.

The plaintiff, a former resident of one of the group homes, filed a certification record that included, among other things, selected documents from his Children's Aid Society file. The defendants sought production of the full Children's Aid Society files of the plaintiff and others, arguing that proceeding to cross-examinations for the certification motion without contemporaneous records would be unfair.