Charter Cases Correctional Cases
Bail Delay Class Action
Koskie Minsky LLP and Henein Hutchison LLP have commenced a class action against the Province of Ontario alleging that chronic delays in bail hearings have violated the rights of accused persons.
The statement of claim issued on June 28, 2017 alleges, among other things, that the bail hearing system in Ontario has been administered in a manner which is negligent and in breach of the Canadian Charter of Rights and Freedoms. The claim alleges that for many years the bail hearing system has been mismanaged, resulting in overcrowded dockets, under-resourced courts, excessive travel requirements and lack of interpreters. The mismanagement is alleged to have led to routine violations of the class members’ rights to a timely bail hearing.
The proposed class includes all persons who were arrested and detained for a period of more than 24 hours prior to any meaningful bail hearing being available for the time period of January 1, 2000 to the present.
For further information:
Telephone: (416) 977-8353
Email: contactus@kmlaw.ca
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Latest Developments
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August 12, 2019
The plaintiff’s motion for certification has been dismissed. The plaintiff is appealing.
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November 6, 2018
The certification hearing in this matter has been moved to March, 2019. The result of hearing will be posted here.
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July 11, 2018
Cross-examinations have been completed and the plaintiff’s factum is due July 23, 2018.
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February 28, 2018
The next step in this proceeding will be for the defendant to file a Responding Motion Record. The Responding Motion Record is due by March 8th.
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October 31, 2017
The Crown has filed a statement of defence on behalf of Ontario. To read the statement of defence, click here.
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September 5, 2017
A timetable leading to the certification hearing in this matter is being set. It is estimate the certification hearing will occur in fall of 2018. The certification hearing is a court hearing to determine whether the case can continue as a class action.
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June 29, 2017
A Statement of Claim has been issued in this case.
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August 12, 2019
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News Releases and Reports
- June 30, 2017 Bail Delays Class Action Commenced Against Ontario
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Documents
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FAQS
What is a class action?
A class action is a lawsuit which provides a method for a large group of people with common claims to join together to advance one large claim. Class actions are a more efficient and cost-effective way for groups of people with common claims to gain access to the legal system and seek justice.
What does certification mean?
In order for an action to proceed as a class action, the court must determine whether it is appropriate for the case to be treated as a class action. Some of the factors the courts consider are the extent to which the claims of the class
members are common, and whether a class action is preferable to other methods (such as individual actions) of advancing the issues. The decision as to whether a class action should be certified takes place at a certification hearing and is decided by a judge. If certified, a representative plaintiff will advance the action on behalf of all of the class members.How do I know if I am a Class Member?
The certification order will always contain a description of who is a class member. We post the certification orders in our actions so that you can review them. You do not need to “sign up” to become involved in a class action. If you are included in the class description, you are automatically a class member who will be affected by the outcome of the class action unless you decide to “opt out”.
Are Class Members notified of the certification of the class proceeding?
Yes. After the claim has been certified, the court will authorize notice to be given to the members of the class.
Can I opt out of a class action and pursue independent legal action?
Yes. When a class action is certified, class members are always given an opportunity to opt out of the action. A deadline is imposed for opting out. If you do not opt out by the given deadline, class members will be bound by the outcome of the class action, whether it is successful or unsuccessful. If you opt out, you will not receive any benefit if the action is successful.
Will there be any cost to class members for legal fees?
Typically, class actions are handled on a contingency fee basis, which means that the class action lawyers will be paid only if the class action is successful at trial or settled. In that case, class counsel fees may be paid by the defendants or out of the settlement or judgment proceeds as approved by the court. In addition, the plaintiff may seek funding assistance from the Class Proceeding Fund which, if funding is granted, may provide funding for disbursements.
I still have questions…
Please feel to contact us by using the contact information on this site.
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Contacts
