"This Creature Called Conditional Certification": Ontario Court Of Appeal Overturns Certification In Veterans' Proposed Class Action

In Knisley v. Canada (Attorney General), 2025 ONCA 185, the Ontario Court of Appeal overturned the motion judge's conditional certification of a class action.

In its decision, the Court of Appeal provides helpful guidance to litigants on the extent to which motion judges can fashion certification orders that attempt to overcome substantive deficiencies in a plaintiff's class definition. Knisley confirms that the court must either find that all of the necessary certification criteria are met, or decline to certify the proceeding as a class action.

Background

This case concerns a class action brought by Canadian veterans over systemic delays in the administration and delivery of disability benefits by Veterans Affairs Canada.