Ontario Court of Appeal Refuses to Certify Institutional Abuse Class Action With No Common Perpetrator, Activity or Location

Even in cases of alleged systemic abuse, courts must evaluate whether the underlying facts demonstrate sufficient commonality to make a class action the preferable procedure. In Gutierrez v. Watchtower Bible and Tract Society of Canada, 2026 ONCA 665 (Gutierrez), the Ontario Court of Appeal upheld the Superior Court’s denial of certification for a proposed class action alleging childhood sexual abuse within Canadian Jehovah’s Witness congregations….
By: Bennett Jones LLP