On March 26, 2021, Justice McDonald of the Federal Court of Canada ordered that this case be certified as a national class action. Click here for a copy of the reasons and order.
The Court appointed Ms. Sylvie Corriveau as representative plaintiff, and Kim Spencer McPhee Barristers P.C. as Class Counsel to represent the national class, which is defined as:
- all persons who underwent an Applicant’s Examination by a Designated Physician (the “Class”);
- all individuals who are entitled to assert a claim pursuant to the Family Law Act, R.S.O. 1990, c. F.3, and equivalent or comparable legislation in other provinces and territories (the “Family Class”); and
- excluded from the Class are individuals whose Applicant’s Examination occurred when they were members of the Class certified in Janet Merlo and Linda Gillis Davidson v Her Majesty the Queen, Court File T-1685-16 or Tiller v Her Majesty the Queen, Court File T-1673-17 and individuals who are or were, at the time of their Applicant’s Examination, able to grieve under s. 208 of the Federal Public Sector Labour Relations Act, SC 2003, c 22, s 2.
The certified common issues are:
- Did the RCMP, through its agents, servants and employees owe a duty or duties of care to the plaintiff and other Class Members to take reasonable steps to provide an Applicant’s Examination free of inappropriate and/or unnecessary procedures, assault and battery, including sexual assault and battery?
- If yes, what was the applicable standard or standards of care? Was there a breach of this duty or duties by the RCMP through its agents, servants and employees?
- If yes, is the Crown vicariously liable for the failure of its agents, servants and employees at the RCMP to take reasonable steps to provide an Applicant’s Examination free of inappropriate and/or unnecessary procedures, assault and battery, including sexual assault and sexual battery?
- Do the RCMP’s servants, agents or employees include Designated Physicians?
- Can the Court make an aggregate assessment of any damages as part of the common issues trial? If so, to whom and in what amount?
- Does the RCMP’s conduct through its servants, agents or employees justify an award of aggravated, exemplary and/or punitive damages? If so, to whom and in what amount?
The action is currently moving through the Court-designated notice period, during which class members receive notice of certification. The parties will then proceed to documentary and oral discovery.
Any significant developments in the case will be posted here, so please check back periodically.