LOLG Successful in Defending Certification of Significant Class Action against Federal Government at Ontario Court of Appeal

Overview

On October 22, 2025, the Ontario Court of Appeal released its decision in Richard v. Attorney General of Canada. The Court dismissed Canada’s appeal and upheld Justice Glustein’s certification decision allowing the lawfulness of Canada’s practice of incarcerating immigration detainees in provincial jails to be evaluated at a common issues hearing. That hearing will examine whether this practice, discontinued in a number of other provinces because of its harmful effects, violates ss. 7, 9, 12 and 15 of the Charter as well as a common law duty of care. Jonathan Lisus and Zain Naqi were counsel for the respondents.

The decision is available here.