Gutierrez v. Watchtower Bible and Tract Society of Canada

Decided: 2026-09-23. Docket: COA-25-CV-0977. Citation: 2026 ONCA 665 (CanLII). Procedure — Class proceedings — Certification appeal — Dismissal of motion to certify under the Class Proceedings Act, 1992 — Whether criteria in s. 5(1) were met — Necessary party identified as unincorporated association — Cause of action and preferability analysed — Certification refusal upheld — Appeal dismissed | Procedure — Adjournment — Necessary parties — Whether refusal to adjourn to add Canada Branch defendants was an error — Finding that unincorporated association lacked legal capacity — No request for leave to amend in factum or oral argument — Discretionary refusal upheld as no purpose served — Appeal dismissed | Civil liability — Negligence and vicarious liability — Institutional sexual abuse pleadi