Simon's Legal Resources

Religion - Jehovah's Witness

. Gutierrez v. Watchtower Bible and Tract Society of Canada

In Gutierrez v. Watchtower Bible and Tract Society of Canada (Ont CA, 2026) the Ontario Court of Appeal dismissed a plaintiffs' appeal, this brought against "the dismissal of their motion to certify a proposed class action against The Watchtower Bible and Tract Society of Canada".

Here the court explores the organization forms of the Jehovah's Witnesses in Canada, in particular unicorporated associations:

[34] .... Since the Canada Branch is an unincorporated association without legal capacity, the members involved should have been named as defendants. The motion judge held that this defect by itself would defeat certification.

....

[36] The motion judge found that the Governing Body of the worldwide church in New York appoint another small group of men, the Canada Branch, to oversee the religious activities of Jehovah’s Witnesses in Canada.

[37] Like the Governing Body, the Canada Branch is an unincorporated association, as are most congregations in Canada.[3] The Canada Branch has no property or bank accounts.

[38] In 1982, the Canada Branch incorporated the federal not-for-profit Society. The motion judge found that “the Society is for all practical purposes the backroom operation of the Canada branch, which has no assets or source of income”. The Society owns and manages the property used by Jehovah’s Witnesses in Canada. It pays an allowance to the Canada Branch members who reside at the national headquarters, and a salary to employees providing services to the Canada Branch. It enters contracts on behalf of the Canada Branch and publishes and distributes religious literature to congregations on behalf of the Canada Branch.

[39] The motion judge found that it is the Canada Branch, however, that “oversees the religious activities of Jehovah’s Witnesses in Canada”. The Branch’s Service Department is responsible for providing “scriptural guidance regarding congregational activities”, for reporting child abuse to the authorities, and for keeping a permanent record of all allegations or reports of sexual abuse involving Jehovah’s Witnesses. The Canada Branch’s Legal Department works for and represents the Canada Branch and the Society.