CPRI Class Action
This case was brought on behalf of all persons who were alive as of February 22, 2014, who were inpatients of and resided at CPRI during the time period from September 1, 1963 to July 1, 2011, exclusive of any time for which an individual resided in the Glenhurst or Pratten 1 units. The case excludes any person who validly opted out.
A Settlement Agreement was approved by the Ontario Superior Court of Justice on July 22, 2021. A copy of the Settlement Agreement can be viewed here.
The claims period for the Settlement Agreement in this case ended at 11:59 p.m. on May 24, 2022. The claims period has now ended.
The Settlement Agreement allows individuals to submit late claims if:
- The individual demonstrates that they intended to submit a claim before the deadline and provides written reasons for why they did not submit a claim before the deadline, AND
- The claim and all necessary supporting documentation are received by the Claims Administrator by July 25, 2022.
If you wish to submit a late claim, you will need to submit a completed Claim From, all required supporting documentation, and your written reasons why your late claim form should be accepted to the Claims Administrator in one of the following three (3) ways:
- Email: info@cpriclassaction.ca
- Fax: 1-866-262-0816
- Mail: to the following address listed below:
Epiq Class Action Services Canada Inc.
Attention: CPRI Class Action
PO Box 507 STN B
Ottawa, ON
K1P 5P6
Click here to download the Claim Form.
To access Frequently Asked Questions (FAQs), please click here.
If you have any more questions about the CPRI class action, please contact the administrator, Epiq Class Action Services Canada Inc., directly by phone at: 1-866-640-9989 or by email at: info@cpriclassaction.ca. The administrator’s website can be found at https://cpriclassaction.ca.
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Latest Developments
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May 26, 2022
The deadline to submit a claim under the Settlement Agreement for this case expired on May 24, 2022 at 11:59 pm EST. If certain conditions are met, the Settlement for this case allows class members to submit late claims. For information about how to submit a late claim, please contact the Claims Administrator directly by phone at: 1-866-640-9989 or email to info@cpriclassaction.ca. You can also get advice and assistance by contacting us at cpriclassaction@kmlaw.ca or by calling 1-844-819-8523.
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April 25, 2022
This update is for all persons who (1) have submitted a claim under the CPRI Class Action Settlement and (2) have received a deficiency notice from the Claims Administrator. This does not apply to you if you have not received a deficiency notice from the Claims Administrator. This update provides information about how to correct some common deficiencies:
- You marked that you only stayed at the Pratten 1/Glenhurst Units and this is not correct
- You did not submit supporting documentation
- Your affidavit was not commissioned
- You did not provide the required personal information
- You did not indicate that the person you are assisting was alive as of February 22, 2014
If you have questions about your claim or if you would like assistance, please contact us at 1-844-819-8523 or cpriclassaction@kmlaw.ca.
You Marked that You only Stayed at Pratten 1/Glenhurst
The “Your Information” section on page 6 of the Claim Form includes a space for saying whether you only stayed at the Pratten 1 or Glenhurst Unit at CPRI. If you answered “YES” in this space on your Claim Form, you may have received a deficiency notice.
Individuals who were inpatients at CPRI but who were only inpatients at Pratten 1 or Glenhurst are excluded from this class action. These units were for special purposes:
- The Pratten 1 Unit is for children and youth with complex medical needs and who require treatments like suctioning, catheters, oxygen therapy, tube feeding, and seizure monitoring. Children and youth were often admitted to Pratten 1 for post-operative recovery following a surgery or other hospital procedure.
- The Glenhurst Unit was for a program where parents would stay overnight with their children.
You should answer “NO” to the question about Pratten 1 and/or Glenhurst on Page 6 of your Claim Form unless you know that you only stayed at the Pratten 1 Unit or the Glenhurst Unit.
If you received a letter which says that you answered “YES” to this question, and if it is not correct that you only stayed at Pratten 1 or Glenhurst, you should re-do the “Your Information” section and write “NO”. You should submit the new “Your Information” section to the Claims Administrator.
Supporting Documentation Needed
To make a claim for Physical Assault, Sexual Assault Level 2, and/or Sexual Assault Level 3, you need to submit supporting documentation with your claim. If you did not submit supporting documentation with your claim, you may have received a deficiency notice.
If you submitted a claim for Physical Assault, this documentation must be from a doctor.
If you submitted a claim for Sexual Assault Level 2 or Level 3, this documentation can be from a doctor, psychologist, social worker, counsellor, or therapist.
You do not have to provide historical documents or documents from your CPRI inpatient file. You do not have to provide historical hospital or police records. A current doctor, psychologist, social worker, counsellor, or therapist can write supporting documentation based on a recent appointment, or you can set up a new appointment for this.
If you received a letter which says that you did not provide supporting documentation for your claim, you should ask your doctor, psychologist, social worker, counsellor, or therapist (see above) if they can write the documentation required. You should submit this documentation to the Claims Administrator.
If you need assistance finding a doctor, psychologist, social worker, counsellor, or therapist, please contact us at 1-844-819-8523 or cpriclassaction@kmlaw.ca and we can share a referral list.
Your Affidavit was not Commissioned
To make a claim for Physical Assault, Sexual Assault Level 2, and/or Sexual Assault Level 3, you need to submit a commissioned affidavit with your claim. If you submitted a claim without a commissioned affidavit, you may have received a deficiency notice.
An affidavit is a legal document which needs to be signed by you and by a commissioner. A commissioner can be a lawyer, paralegal, notary, or another person registered as a commissioner.
If you received a letter which says that you did not provide a commissioned affidavit, you should take your Claim Form to a commissioner to have it commissioned. You should then submit your commissioned affidavit to the Claims Administrator.
If you need assistance finding a commissioner for your affidavit, please contact us at 1-844-819-8523 or cpriclassaction@kmlaw.ca. Lawyers and other staff with our firm can commission your affidavit remotely via video call (e.g. Zoom).
Incomplete Information about You
To make any claim, you need to complete the “Your Information” and “Your Current Address and Contact Information” sections of the Claim Form. These sections are on pages 6-7 of the Claim Form.
You need to provide your name, address, date of birth, phone number, and email. You also need to provide certain details about your time at CPRI, to the best of your knowledge.
If you received a letter which says that you did not provide this information, you should re-do the “Your Information” and/or the “Your Current Address and Contact Information” sections of your Claim Form. You should then submit this to the Claims Administrator.
Confirmation that Claimant was Alive on February 22, 2014
To submit a claim on behalf of a person who was a CPRI inpatient (as their representative), you need to confirm that the person was alive as of February 22, 2014. This question is on page 25 of the Claim Form. If you submitted a claim on behalf of another person but did not confirm that the person was alive as of February 22, 2014, you may have received a deficiency notice.
The class action includes all persons, who were alive as of February 22, 2014, who were inpatients of and resided at CPRI during the time period from September 1, 1963 to July 1, 2011, exclusive of any time for which an individual was an inpatient and resided in the Glenhurst or Pratten 1 units.
The class action does not include persons who passed away before February 22, 2014.
If you received a letter which says that you did not confirm that the person you represent was alive as of February 22, 2014, and if the person was alive as of February 22, 2014, you should re-do this part of the Claim Form with the correct information. You should then submit your commissioned affidavit to the Claims Administrator.
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March 21, 2022
The deadline to submit claims for compensation in the CPRI Class Action Settlement is May 24, 2022.
The only way to receive money from the Settlement is to submit a completed Claim Form and all supporting documentation to the Claims Administrator by May 24, 2022.
If you are a class member and you do not submit a claim by May 24, 2022, you will lose your right to receive money for harms and injuries covered by the class action.
Information about how to make a claim is available here: https://cpriclassaction.ca/claim.html
If you are a class member and you have not yet submitted a claim, we can help you to prepare your claim. If you would like assistance, you can reach us by email at cpriclassaction@kmlaw.ca or call us at 1-844-819-8523.
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November 30, 2021
The CPRI Class Action Claims Administrator is now accepting requests for payment of the costs of preparing supporting documentation for a claim under the Settlement Agreement.
The process for requesting payment is as follows:
Option (1): Repayment for Upfront Costs
If a claimant pays a doctor, psychologist, social worker, counsellor, or therapist upfront to prepare supporting documentation, that payment can be reimbursed up to a maximum of $500. To request repayment, the claimant must submit the following to the Claims Administrator:
- A receipt issued by the doctor, psychologist, social worker, counsellor, or therapist showing the amount paid by the claimant AND showing that the payment relates to the supporting documentation for a claim to the CPRI settlement.
Option (2): Payment to a Doctor, Psychologist, Social Worker, Counsellor, or Therapist for Costs Not Yet Paid
This option is available if a claimant has not yet paid for the preparation of supporting documentation. A doctor, psychologist, social worker, counsellor, or therapist who has received a request to prepare supporting documentation from a claimant can be paid up to $500 for the costs of preparing documentation by submitting the following to the Claims Administrator:
- Written confirmation from the doctor, psychologist, social worker, counsellor, or therapist that a request for supporting documentation has been made by a claimant AND the amount required for payment.
The Claims Administrator will send payments for approved requests to claimants or to doctors, psychologists, social workers, counsellors, or therapists.
Requests for repayment can be submitted to:
Email: info@cpriclassaction.ca
Mail: CPRI Class Action Administrator
Epiq Class Action Services Canada Inc.
PO Box 507 STN B
Ottawa, ON K1P 5P6Fax: 1-866-262-0816
For more information, or if you have questions about the repayment process, you can reach the Claims Administrator by phone at 1-866-640-9989 or by email to info@cpriclassaction.ca
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September 3, 2021
A Settlement Agreement was approved by the Superior Court of Justice on July 21, 2021. A copy of the Settlement Agreement and other related documentation are available by clicking here.
The period to make a claim for compensation under the settlement is now open and will run until May 24, 2022.
The only way to receive money from the Settlement is to submit a completed Claim Form and all supporting documentation to the Claims Administrator no later than May 24, 2022. Click here for more information about how to file a claim.
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July 22, 2021
We are pleased to announce that the Ontario Superior Court of Justice has approved the proposed settlement agreement in this class action. A copy of Justice Belobaba’s decision regarding the settlement is available here. More details regarding the settlement process will be shared in the coming days and weeks.
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June 24, 2021
The Settlement Approval Hearing took place on June 23, 2021. The Court has not yet released a decision approving or rejecting the settlement. It may take a few weeks or months before a decision is released. We will post the decision here on our website once it is released.
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June 15, 2021
Settlement Approval Hearing – Virtual Hearing Details
Topic: James Yeo v. Her Majesty the Queen in Right of the Province of Ontario
Time: Jun 23, 2021 9:45 AM Eastern Time (US and Canada)Join Zoom Meeting
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April 20, 2021
The court-approved notices about the proposed Settlement Agreement and the settlement approval process have been sent to the class members. You can read the notice here.
The hearing to determine whether the proposed Settlement Agreement is fair, reasonable, and in the best interests of the class members will be held virtually on June 23, 2021.
The website containing information about the proposed Settlement Agreement and the settlement approval hearing can be viewed here: https://cpriclassaction.ca
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March 12, 2021
Last week, we announced that the parties in the CPRI class action have reached a proposed settlement agreement. You can view a copy of the proposed settlement agreement here.
We have received a number of questions about what evidence may be required to make a claim. The proposed settlement agreement would NOT require any historical documents from a claimant’s CPRI file. It would NOT require a claimant to provide documentation such as hospital or police records. A letter from a CURRENT doctor, psychologist, social worker, counsellor, or therapist, are the types of the supporting documentation that may be necessary under the agreement. If the settlement is approved, we will provide further information and assistance with respect to obtaining the necessary documents.
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February 26, 2021
In light of the proposed settlement of this class action, the trial previously scheduled to begin on March 8, 2021 has been suspended. You can view a copy of the settlement agreement here.
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February 23, 2021
We are pleased to announce that we have reached a proposed settlement agreement with the Defendant. This proposed settlement is subject to court approval. More information is in the signed Settlement Agreement. We will provide further updates in the coming days.
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January 27, 2021
We have received a number of questions from former CPRI residents about how to access or get a copy of their CPRI Resident Files.
If you are interested in seeking access to your CPRI Resident File, you can contact CPRI directly and submit a written request to the CPRI Clinical Records Department.
CPRI Phone Number: 519-858-2774 (local); 1-877-494-2774
CPRI Clinical Records Department Email: MCYS.CPRICLINICALREC@ontario.caWe suggest that any former CPRI resident who is interested in seeking access to their Resident File should contact CPRI and submit a request as soon as they can.
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December 23, 2020
Preparations for trial continue in earnest in advance of the March 8, 2021 trial date including:
- the parties have agreed to a timetable for the remaining steps leading to trial;
- 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;
- the parties have agreed to a protocol for the admission of document at trial for limited purposes;
- 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.
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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.
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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.
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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.
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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.
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January 7, 2020
Trial is scheduled for March 2021.
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July 11, 2018
The plaintiff will be filing a mediation brief to seek settlement of the action at the end of August.
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February 28, 2018
The examination for discovery of a representative of the defendant is scheduled to occur over the next 3 months.
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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.
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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.
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July 25, 2017
Notice of certification has been disseminated. The deadline to opt-out of the class action is October 20, 2017.
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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.
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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.
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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.
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February 6, 2017
The Crown served its Statement of Defence today. A copy can be found here.
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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.
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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.
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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.
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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.
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April 15, 2016
The parties have agreed to the following timetable leading up to certification:
- Defendant to deliver its responding certification record by August 15, 2016;
- Plaintiff to deliver his reply certification record, if any, by September 16, 2016;
- Cross-examinations to be completed by September 30, 2016;
- Parties to advise if they are moving on undertakings and refusals from cross-examinations by October 3, 2016;
- Motions arising from cross-examinations scheduled for October 31, 2016;
- Plaintiff’s moving factum for certification to be delivered by November 14, 2016;
- Defendant’s responding factum to be delivered by December 9, 2016;
- Plaintiff’s reply factum to be delivered by December 16, 2016; and
- Certification motion scheduled for December 22 and 23, 2016.
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April 8, 2016
The Plaintiff has delivered its certification record.
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March 17, 2016
The Class Proceedings Fund has granted funding to this action.
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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.
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February 22, 2016
A Statement of Claim has been issued in this case.
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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.
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May 26, 2022
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Documents
- September 3, 2021 Claim Form
- September 3, 2021 Publication Notice - Settlement Approval
- September 3, 2021 Long Form Notice - Settlement Approval
- July 21, 2021 Decision (Settlement)
- June 17, 2021 Factum of the Moving Plaintiff
- April 9, 2021 Long Form Notice
- February 23, 2021 Settlement Agreement
- 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
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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 free to contact us by using the contact information on this site.
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Contacts
Toll-free: 1-844-819-8523
Email: cpriclassaction@kmlaw.ca
