CPRI Class Action

• 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