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Ontario Prisoner Class Action
Koskie Minsky LLP has commenced a class action against the Province of Ontario alleging that lockdowns arising from the Province of Ontario’s failure to properly staff its correctional institutions facilities have caused and continue to cause physical and psychological damage to inmates across the Province.
A staffing-related “lockdown” of a correctional institution occurs when prisoners are locked in their cells due to shortages of prison staff. Lockdowns can last for days or even weeks at a time. Staffing related lockdowns have become a common feature of Ontario’s correctional institutions that deprive prisoners of their most basic rights.
The class includes:
All current and former inmates of correctional institutions as defined in the Ministry of Correctional Services Act, R.S.O. 1990, c. M.22 (the “Correctional Institutions”), between May 30, 2009 and November 27, 2017 who are or were remanded, except the Excluded Persons;
All current and former inmates of the Correctional Institutions between May 30, 2009 and November 27, 2017 who are or were serving a sentence at a Correctional Institution or who have violated parole and are or were imprisoned at a Correctional Institution as a result, except the Excluded Persons; and,
“Excluded Persons” are:
- all inmates detained only in accordance with the Immigration and Refugee Protection Act, S.C. 2001, c.27; and,
- all inmates of Elgin-Middlesex Detention Centre, the Ontario Correctional Institute and the St. Lawrence Valley Correctional and Treatment Centre (solely with respect to their incarceration at those Correctional Institutions).
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Latest Developments
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July 25, 2024
The Plaintiffs delivered their Expert Reports. The Defendants have until February 28, 2025, to deliver their Responding Expert Reports.
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July 10, 2024
Justice Glustein ordered that the Ontario Prisoner Class Action (Raymond Lapple and Jerome Campbell v. His Majesty The King In Right of Ontario – No. CV-16-558633-00CP) be tried together with the Immigrant Detainee Class Action (Godday Dadzie and Al Zeekehmens v. His Majesty The King In Right of Ontario and The Attorney General of Canada – No. CV-16-558376). The trial of these actions has been scheduled for September/October 2025.
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March 20, 2023
Justice Glustein of the Ontario Superior Court of Justice has approved an updated trial timetable for this class action.
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May 18, 2022
On May 10, 2022, the Justice Glustein of the Ontario Superior Court of Justice set a new timetable for the steps toward trial in this class action. At this time, the Plaintiffs and the Defendant are continuing the processes of documentary and oral discoveries.
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November 12, 2020
The Plaintiffs and Defendant are currently engaging in examinations for discovery, in preparation for trial.
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September 24, 2019
The Plaintiffs and Defendant are engaging in documentary production, the preliminary stage of preparations for trial.
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February 26, 2018
Notice of certification has been sent out.
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November 27, 2017
Justice Glustein certified this class action as a class proceeding. A copy of the certification order can be found here. A copy of the certification reasons can be found here.
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June 16, 2017
The defendant has served its responding motion record for certification.
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March 10, 2017
The Plaintiffs have filed their certification motion record. A copy is available here.
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February 1, 2017
The motion for certification has been scheduled for December 6, 2017.
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August 15, 2016
The Statement of Claim was issued today.
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July 25, 2024
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Documents
- March 31, 2022 Amended Amended Statement of Claim
- May 31, 2018 Statement of Defence
- February 20, 2018 Amended Statement of Claim
- December 22, 2017 Long Form Notice
- December 22, 2017 Avis de règlement proposé (version longue)
- November 29, 2017 Reasons for Decision
- November 27, 2017 Certification Order
- March 6, 2017 Certification Motion - Volume 4
- March 6, 2017 Certification Motion - Volume 3
- March 6, 2017 Certification Motion - Volume 2
- March 6, 2017 Certification Motion - Volume 1
- August 15, 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 to contact us by using the contact information on this site.
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Contacts
