Canada: Trials & Appeals & Compensation

The Ontario Court of Appeal has upheld a lower court's decision refusing to certify a class action alleging systemic childhood sexual abuse within Canadian Jehovah's Witness congregations. The ruling examines whether highly individualized abuse claims involving different perpetrators, activities, and locations across various congregations can satisfy the commonality requirements necessary for class action certification, or whether individual proceedings would better serve the interests of justice.

The Ontario Court of Appeal has clarified the longstanding test for obtaining leave to appeal from the Divisional Court, streamlining the framework into two core components: arguability and public importance. This decision resolves recent confusion about whether the test varies depending on the Divisional Court's jurisdiction and eliminates categories that had caused uncertainty in application.

In Knauff v. Ontario (Human Rights Tribunal), 2026 ONCA 653, a five-judge panel of the Court of Appeal for Ontario revisited the test governing motions for leave to appeal from decisions of the Divisional Court.