Ontario Solitary Confinement Class Action

• March 31, 2021

  On March 31, 2021, the Ontario Court of Appeal upheld the award of $30 million in aggregate damages. The reasons for the Court’s decision can be found here.

• November 6, 2020

  Ontario has appealed the order of Justice Perell. The appeal will be heard by the Ontario Court of Appeal, via video-conference, on December 18, 2020. The Court of Appeal requires members of the media or the public who wish to observe a scheduled matter being held by video-conference to send a request in writing to the Court’s Registrar at coa.registrar@ontario.ca at least 48 hours before the proceeding begins.

• April 20, 2020

  On April 20, 2020, Justice Perell granted the Plaintiff’s motion for summary judgment, finding both systemic negligence and Charter rights violations. $30 million dollars was awarded in aggregate, base-level damages. To view the Reasons for the Decision, please click here.

• January 27, 2020

  The Plaintiff’s motion for summary judgment was heard before Justice Perell on January 20-24, 2020. The Court’s decision will be posted here when it is available.

• February 25, 2019

  The opt-out period has now passed.

• October 31, 2018

  This matter has been certified as a Class proceeding. The certification order may be found here.

  The class is defined as:

  All current and former Inmates, who were alive as of April 20, 2015:

  I.  Inmates with a Serious Mental Illness

  a) who were subjected to Administrative Segregation for any length of time at one of the Correctional Institutions between January 1, 2009 and the date of certification;

  b) who were diagnosed by a medical doctor before or during their incarceration with at least one of the following disorders, as defined in the relevant Diagnostic and Statistics Manual of Mental Disorders (“DSM”):

  (A) Schizophrenia (all sub-types),
  (B) Delusional disorder,
  (C) Schizophreniform disorder,
  (D) Schizoaffective disorder,
  (E) Brief psychotic disorder,
  (F) Substance-induced psychotic disorder (excluding intoxications and withdrawal),
  (G) Psychotic disorder not otherwise specified,
  (H) Major depressive disorders,
  (I) Bipolar disorder I,
  (J) Bipolar disorder II,
  (K) Neurocognitive disorders and/or Delirium, Dementia and Amnestic and Other Cognitive Disorders,
  (L) Post-Traumatic Stress Disorder;
  (M) Obsessive Compulsive Disorder; or
  (N) Borderline Personality Disorder;

  and who suffered from their disorder, in a manner described in Appendix “A”, and,

  c) who reported such diagnosis and suffering to the Defendant’s agents before or during their Administrative Segregation (the “SMI Inmates”);

  or

  II.  Inmates in Prolonged Administrative Segregation

  a) who were subjected to Administrative Segregation for 15 or more consecutive days (“Prolonged Administrative Segregation”) at one of the Correctional Institutions between January 1, 2009 and the date of certification (the “Prolonged Inmates”)

  (together the “Class Members”).

  “Correctional Institutions” are correctional institutions as defined in the Ministry of Correctional Services Act, R.S.O. 1990, c. M.22, excluding St. Lawrence Valley Correctional and Treatment Centre.

  “Inmates” are inmates as defined in the Ministry of Correctional Services Act, R.S.O. 1990, c. M.22.

  “Administrative Segregation” refers to segregation as outlined in section 34 of Regulation 778, R.R.O. 1990 under Ministry of Correctional Services Act, R.S.O. 1990, c. M.22.

  A summary judgment motion has been scheduled for January 20, 2020.

  To view the short form notice of certification, please click here.

  To view the long form notice of certification, please click here.

• February 23, 2018

  A timetable leading to the certification hearing in this matter has been set:

  Remaining steps to be completed:	By which party:	Date to be completed by:
  Certification Motion Materials	Plaintiff	October 16, 2017
  Responding Motion Materials	Defendant	February 15, 2018
  Reply Motion Materials	Plaintiff	April 30, 2018
  Cross-examinations, and any motions arising therefrom, to be completed by		July 2, 2018
  Certification Factum	Plaintiff	August 2, 2018
  Responding Factum	Defendant	September 3, 2018
  Reply Factum (if necessary)	Plaintiff	October 1, 2018
  Return of the Motion (2 days)		November 13-14, 2018

   

• April 20, 2017

  The statement of claim was issued today. A copy can be found here.

Show All

• April 20, 2017 Solitary Confinement Class Action Commenced Against Province of Ontario

• March 31, 2021 Decision
• April 20, 2020 Reasons for the Decision
• February 24, 2019 Certification Order
• February 24, 2019 Long Form Notice (Schedule C)
• February 24, 2019 Publication Notice (Schedule A)
• February 24, 2019 Opt Out Form
• April 19, 2017 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.

Tollfree: 1-844-819-8527

Email: ontarioadminsegclassaction@kmlaw.ca