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Indian Hospitals Class Action
Koskie Minsky LLP along with Cooper Regel (a member of Masuch Albert LLP), commenced a class action on January 25, 2018 against the Attorney General of Canada alleging that its operation of “Indian Hospitals” was negligent and breached fiduciary duties owed to Indigenous People.
This class action was certified on January 22, 2020.
The classes are defined as follows:
Primary Class means all persons who were admitted to an Indian Hospital during the Class Period; and
Family Class means all persons who are a spouse or former spouse, child, grandchild or sibling of a member of the Primary Class and the spouse of a child, grandchild or sibling of a member of the Primary Class.
(“Class Members”)
The Class Period means the period from and including the date on which Canada assumed management and control of any particular Indian Hospital, which shall be no earlier than January 1, 1936 and ending on the earlier of the following dates:
a) The date of closure of any particular Indian Hospital; or
b) The date on which management and control of any particular Indian Hospital was effectively transferred from Canada; or
c) December 31, 1981.
If you believe you may be a class member, please contact us at 1-866-777-6308 or email us at indianhospitalsclassaction@kmlaw.ca.
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Latest Developments
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October 29, 2020
The Amended Statement of Claim was filed in 2020. A copy of the Fresh as Amended Statement of Claim is available here.
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January 22, 2020
The claim has now been certified as a class action. A copy of the certification order is available here.
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January 25, 2018
The Statement of Claim has been issued in this matter. A copy is available here.
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October 29, 2020
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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: indianhospitalsclassaction@kmlaw.ca
Tollfree: 1 866 777 6308
