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Crown Ward Class Action
This class action is a “procedural rights” case that alleges that Ontario owed Crown Wards who had experienced abuse a duty to advise of rights to civil claims (lawsuits) and administrative remedies (the Criminal Injuries Compensation Board). This case also alleges that Ontario had a duty, when appropriate, to facilitate or pursue those claims and remedies for Crown Wards.
Ontario is the only Defendant. Neither individual abusers nor independent Children’s Aid Society (“CAS”) entities, which had responsibility for placing and supervising Crown Wards and authority to start claims on their behalves, are named as defendants.
When the action was commenced in 2014, there were limitation periods which may have barred lawsuits against individual abusers (and any organizations responsible for the abuse). However, in 2016, the law was changed to eliminate limitation periods for civil claims of sexual assault and physical abuse of minors, which might have otherwise barred recovery for some class members. Class members are encouraged to seek legal advice about pursuing such claims.
Class members who experienced abuse before or while they were Crown Wards may also wish to make a claim for compensation from the Victim Quick Response Program (VQRP+). Information about getting assistance with the VQRP+ is available here: https://www.attorneygeneral.jus.gov.on.ca/english/ovss/vqrp.php.
This class action was certified by the Superior Court of Justice on March 30, 2017. The class includes all persons who became Crown Wards in Ontario between January 1, 1966 and March 30, 2017.
On May 26, 2021, the Superior Court of Justice dismissed a motion for approval of a proposed settlement of this class action. On September 20, 2021, the Divisional Court denied the parties’ motion for permission to appeal this decision.
This class action remains ongoing. Moving forward, we will continue to do what we have done since this case started eight years ago: work diligently to advance the best interests of the class as a whole.
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Latest Developments
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September 21, 2021
Ontario Crown Ward Class Action Update
Following Justice Pierce’s decision of May 26, 2021 dismissing the motion for approval of a proposed settlement in the Crown Ward Class Action, we sought leave to appeal. The motion for leave was dismissed on September 20, 2021.
Moving forward, we will continue to do what we have done for the past 8 years: work diligently to advance the bests interests of the class as a whole.
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May 27, 2021
The court released its decision denying the motion for settlement approval, which can be located here. For further information, click here.
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May 19, 2021
The Settlement Approval hearing is over. Justice Pierce has not yet released a decision approving or rejecting the settlement. We do not know how long it will take for the Court to reach a decision, but it will likely be in June or July. We will post the decision on our website when it is released.
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May 13, 2021
The Settlement Approval Hearing is continuing tomorrow, May 14, 2021 @ 10:00 a.m. If you would like to simply attend the Settlement Approval Hearing, it will be accessible via the following Zoom link:
https://ca01web.zoom.us/j/69307922818?pwd=dDl3QWh5Q1NaaXJVMWtKQkNRalRTZz09
Canada Toll-free 855 703 8985
Meeting ID: 693 0792 2818
Passcode: 125862
Join by SIP – 69307922818@zmca.us -
May 7, 2021
If you would like to simply attend the Settlement Approval Hearing, it will commence at 9AM on May 12, 2021. The Court has also set aside time on May 13, 2021 as well if necessary.
The hearing will be accessible via the following Zoom link:
https://ca01web.zoom.us/j/61394191837?pwd=blg2WjVoeVdESXZzbW5PbmlneXpmdz09Canada Toll-free: 1-855-703-8985
Meeting ID: 613 9419 1837
Passcode: 576788 -
January 29, 2021
Koskie Minsky is pleased to advise that there is a proposed settlement in this matter. The settlement is subject to Court Approval. More information can be found in this Notice document.
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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.
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June 26, 2018
The parties are in the discovery phase of the litigation.
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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.
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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.
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June 26, 2017
A case conference has been scheduled for September 12, 2017 to settle the certification notice and ancillary matters.
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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.
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February 2, 2017
The motion for certification was argued before Justice Pierce of the Ontario Superior Court. Justice Pierce has reserved her decision.
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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.
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January 25, 2016
The defendant’s motion for leave to appeal was dismissed. A copy of the reasons are available here.
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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.
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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.
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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.
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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.
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December 3, 2014
A preliminary motion to determine whether the pleadings disclose a cause of action has been scheduled for April 28, 2015.
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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.
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March 24, 2014
The plaintiffs have amended the statement of claim to add Toni Grann as a proposed representative plaintiff.
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January 22, 2014
The statement of claim in this action has been issued.
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September 21, 2021
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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
Email: ocwclassaction@kmlaw.ca
Toll Free Hotline: 1.866.778.7985
