Crown Ward Class Action (Children who suffered abuse before and while they were Crown wards, including in foster care and foster homes, and while in the care of the Children’s Aid Society (“CAS”)).

• September 11, 2019

  The discovery phase of the litigation is expected to be completed in 2020.  We expect that a trial may follow a year later.

• June 26, 2018

  The parties are in the discovery phase of the litigation.

• October 3, 2017

  The order directing notice of certification was approved. Please find enclosed a copy of the Long Form Notice and the Short Form Notice, and a copy of the Opt Out Form.

• September 18, 2017

  The parties appeared before Justice Pierce who ordered, among other things, that notice of certification proceed and that the parties attend a mediation. A copy of Justice Pierce’s endorsement is available here.

• June 26, 2017

  A case conference has been scheduled for September 12, 2017 to settle the certification notice and ancillary matters.

• March 31, 2017

  This action was certified as a class proceeding. Justice Pierce’s decision for certifying this action as a class proceeding is available here.

• February 2, 2017

  The motion for certification was argued before Justice Pierce of the Ontario Superior Court. Justice Pierce has reserved her decision.

• July 21, 2016

  A timetable has been scheduled for the motion for certification:

  July 29, 2016	Plaintiffs to deliver reply motion record
  September 30, 2016	Cross-examinations to be complete
  November 14, 2016	Plaintiffs to deliver factum
  December 16, 2016	Defendant to deliver responding factum
  January 13, 2017	Plaintiffs to deliver reply factum
  January 23-24, 2017	Hearing of motion for certification

   

• April 11, 2016

  The plaintiffs’ have filed their Motion Record for Certification. A copy is available here.

• January 25, 2016

  The defendant’s motion for leave to appeal was dismissed. A copy of the reasons are available here.

• July 22, 2015

  The parties have filed their written arguments for the Crown’s motion for leave to appeal the decision of Justice Pierce. The Divisional Court has reserved its decision.

• June 15, 2015

  The Crown has served a notice that it intends to seek leave to appeal Justice Pierce’s order. No date has yet been set for the appeal.

• May 28, 2015

  Justice Pierce of the Ontario Superior Court of Justice released a decision denying the Province’s motion to strike the plaintiffs’ lawsuit and granting the plaintiffs’ motion for an order that the first part of the test for certification – the cause of action criterion – is satisfied. A copy of the decision is available here.

• May 1, 2015

  The preliminary motion to determine whether the pleadings disclose a cause of action was heard on April 28, 2015. The Court reserved its decision.

• December 3, 2014

  A preliminary motion to determine whether the pleadings disclose a cause of action has been scheduled for April 28, 2015.

• October 24, 2014

  The parties have agreed to the following schedule:

  November 21, 2014: The defendants are to argue a motion for particulars asking for details about the plaintiffs, if necessary.

  April 28, 2015: The plaintiffs and the defendants are to argue a motion to determine whether the statement of claim properly pleads a cause of action.

   

• March 24, 2014

  The plaintiffs have amended the statement of claim to add Toni Grann as a proposed representative plaintiff.

• January 22, 2014

  The statement of claim in this action has been issued.

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.

Email: ocwclassaction@kmlaw.ca

Toll Free Hotline: 1.866.778.7985