CPRI Class Action

• December 23, 2020

  Preparations for trial continue in earnest in advance of the March 8, 2021 trial date including:

  1. the parties have agreed to a timetable for the remaining steps leading to trial;
  2. the parties have almost completed the exchanged expert reports, with the Plaintiff’s experts having an opportunity to reply to the Defendant’s experts by the end of January 2021;
  3. the parties have agreed to a protocol for the admission of document at trial for limited purposes;
  4. the Defendant has tentatively agreed to a protocol for the conduct of the common issues trial virtually over a video conferencing platform – discussion with the court in this regard has not yet taken place.

  The Plaintiff is making good progress in preparation for trial and expects to be fully ready to commence trial on March 8, 2021.

  In the interim, a mediation has been scheduled for January 5 and 6, 2021 where a negotiated resolution to this case might be possible.  The Plaintiff has been seeking such a mediation for several years in this case.   It is not clear whether there is serious interest in resolving this proceeding in advance of trial.

  Further updates will be posted soon.

• December 18, 2020

  The Defendant, the Government of Ontario, through its counsel, advised that it will object to and seek an order preventing any class member from telling the story of the harms they suffered at CPRI during the common issues trial.   The Government of Ontario’s position  is troubling and should be deeply concerning for those seeking to right, on a group-basis, systemic injustices that led to childhood physical and sexual violence being unreasonably committed against them.

  In addition, the Government of Ontario has yet to agree that incidents described incident reports authored by their own employees actually occurred. Another troubling position by the Government of Ontario.

• December 17, 2020

  The Defendant’s motion to seek leave to examine under oath the Plaintiff’s proposed class member witnesses before trial commences was heard and dismissed by  Justice Belobaba.  Justice Belobaba ordered the Defendant to pay $7,500 in costs to the Plaintiff.

• November 11, 2020

  The Defendant initiated a motion to seek leave to examine under oath the Plaintiff’s proposed class member witnesses before trial commences.  The motion is scheduled to be heard on December 17, 2020.

• April 30, 2020

  Preparations for trial continue in earnest.  Currently expert reports are being prepared and will be exchanged by the parties in the coming weeks and months.

• January 7, 2020

  Trial is scheduled for March 2021.

• July 11, 2018

  The plaintiff will be filing a mediation brief to seek settlement of the action at the end of August.

• February 28, 2018

  The examination for discovery of a representative of the defendant is scheduled to occur over the next 3 months.

• January 4, 2018

  The defendant has completed the majority of documentary productions. This means the government has provided the majority of relevant documents for the court case. The next step will be to review all the documents and then ask a representative of the defendant questions about the documents.

• September 5, 2017

  The Defendant continues to deliver documents as part of their production obligation. Complete production is scheduled to be completed in December 2017.

• July 25, 2017

  Notice of certification has been disseminated. The deadline to opt-out of the class action is October 20, 2017.

• May 25, 2017

  The notice program in this case has now started. To read the long form notice, click here, to read the short form notice, click here.

• May 17, 2017

  The defendant and plaintiff have exchanged the first round of document productions in the discovery process in this case. The discovery process involves both sides giving each other the documents they have that are relevant to the lawsuit.

• April 18, 2017

  Over the next several months the parties will be exchanging documents relevant to this proceeding.  That process is expected to be completed by December 31, 2017.  In addition, on May 22, 2017 notices of certification are to be mailed to individuals who have been identified by the Crown as having been inpatients of CPRI between September 1, 1963 and July 1, 2011.  Those notices will provide information on this class action.

• February 6, 2017

  The Crown served its Statement of Defence today. A copy can be found here.

• December 22, 2016

  On December 22, 2016, Justice Belobaba certified this action as a class proceeding with the consent of the defendant, Ontario. A copy of the certification order can be found here. A copy of the certification reasons can be found here. Notice of certification will soon be underway, as the case proceeds towards its resolution on the merits.

• November 16, 2016

  On November 14, 2016, the Plaintiff delivered its factum (memorandum of argument) in support of certification.  The Defendant’s responding factum is due December 9, 2016.  The certification motion is scheduled for December 22 and 23, 2016.

• October 3, 2016

  The cross-examinations of all the witnesses for the certification motion are almost complete. One witness is left to be cross-examined. The hearing about whether this case will become a class action is still scheduled for December.

• August 19, 2016

  The Defendant delivered its responding record for certification.  Any reply record from the Plaintiff is due September 16, 2016 and cross-examinations of witnesses are to be completed by September 30, 2016.

• April 15, 2016

  The parties have agreed to the following timetable leading up to certification:

  1. Defendant to deliver its responding certification record by August 15, 2016;
  2. Plaintiff to deliver his reply certification record, if any, by September 16, 2016;
  3. Cross-examinations to be completed by September 30, 2016;
  4. Parties to advise if they are moving on undertakings and refusals from cross-examinations by October 3, 2016;
  5. Motions arising from cross-examinations scheduled for October 31, 2016;
  6. Plaintiff’s moving factum for certification to be delivered by November 14, 2016;
  7. Defendant’s responding factum to be delivered by December 9, 2016;
  8. Plaintiff’s reply factum to be delivered by December 16, 2016; and
  9. Certification motion scheduled for December 22 and 23, 2016.
• April 8, 2016

  The Plaintiff has delivered its certification record.

• March 17, 2016

  The Class Proceedings Fund has granted funding to this action.

• February 23, 2016

  A hearing will be held on March 9, 2016 before the Class Proceedings Fund to determine whether funding should be granted to this action.

• February 22, 2016

  A Statement of Claim has been issued in this case.

• January 25, 2016

  Notice has been given to the province about this lawsuit. The Statement of Claim will be issued February 22 and will be posted on this webpage when available.

Show All

• May 25, 2017 Long Form Notice
• May 25, 2017 Publication Notice
• May 25, 2017 Opt Out Form
• February 6, 2017 Statement of Defence
• December 22, 2016 Certification Reasons
• December 22, 2016 Certification Order
• February 22, 2016 Statement of Claim

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.

Toll-free: 1-844-819-8523

Email: cpriclassaction@kmlaw.ca