November 5, 2025
We’re pleased to share today’s decision of the Federal Court of Appeal, upholding the certification of a national class action which seeks to protect the rights of elderly inmates.
In B.W. v Canada (Attorney General), Patrick and Emanuela appeared before a three judge panel of the Federal Court of Appeal in Edmonton, arguing that the initial certification decision of Mr. Justice Fothergill – allowing this matter to proceed as a federal class action – should be upheld on appeal.
The Federal Court of Appeal, ruling unanimously, held that the appeal should be dismissed and that the original decision of Mr. Justice Fothergill should stand.
This marks a significant milestone in the litigation, and pushes the case one step further towards resolution.
For more information on this action, click here: Abuse of Older Inmates
Both the initial certification decision and today’s decision of the Federal Court of Appeal can be found below: