Developmental Services Waitlist Class Action
Koskie Minsky LLP is Class Counsel in this class proceeding against the Province of Ontario in respect of the lengthy waitlists for developmental services in Ontario.
The Amended Statement of Claim alleges that the issue of waitlists for desperately needed services has been a repeatedly identified issue for years, which Ontario has continued to ignore and failed to act upon in any reasonable manner. The claim alleges, among other things, that Ontario has been negligent and breached duties it owes to the class members under the Canadian Charter of Rights and Freedoms, by virtue of these waitlists, some of which can last for years at a time as a result of the broken system.
This action has been certified by the Ontario Superior Court of Justice. A copy of the certification order is available here. A copy of the short-form notice of certification is available here. A copy of the long-form notice of certification is available here.
The following persons fall within the Class definition, and are Class Members:
All persons who were alive as of April 10, 2015, who are eligible for ministry-funded adult developmental services and supports and funding, have been assessed by an application entity (DSO) and placed, at any point between July 1, 2011 to December 14, 2018, on any one or more of the service registries for:
(i) “residential services and supports”,
(ii) “caregiver respite services and supports” under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008; and
(iii) “Passport” funding under the Ministry of Community and Social Services Act.
Marc Leroux as the litigation guardian of his daughter, Briana Leroux, is the representative plaintiff.
The deadline to Opt Out of the Class was July 26, 2024.
The next step in this proceeding is “discovery.” This is when both parties in a lawsuit provide the other party with all of the relevant documents in their possession. Under a Discovery Plan agreed between the parties, Ontario will begin providing relevant documents to Class Counsel on April 30, 2024, and will provide all relevant documents under the Discovery Plan by March 31, 2025. Further updates will be posted as this class proceeding progresses.
For further information or if you are a class member, please read the long-form notice or contact Class Counsel:
Toll-free: 1-866-474-1740
Email: waitlistclassaction@kmlaw.ca
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Latest Developments
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February 13, 2024
On January 25, 2024, the Supreme Court of Canada denied Ontario’s application for leave to appeal from the Court of Appeal’s decision allowing our appeal. To see that decision, please click here. This action will now continue as a certified class action. At this stage, Ontario has filed its Statement of Defence, which you can read here. The plaintiff has also filed her reply, which you can read here. The parties continue to move towards the exchange of documentary productions.
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September 8, 2023
Ontario has sought leave to appeal to the Supreme Court of Canada from the Court of Appeal for Ontario’s decision allowing our appeal. That application was completed and filed with the Supreme Court of Canada on September 7, 2023. We expect that it will be approximately four to six months until the Supreme Court of Canada determines whether it will grant leave or permission for Ontario’s appeal to be heard. In the meantime, Ontario is required to file a Statement of Defence in October 2023 and the parties are moving forward towards the exchange of documentary productions while we await the decision of the Supreme Court of Canada.
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May 4, 2023
The Court of Appeal for Ontario has allowed our appeal from the decision of the Divisional Court, and has restored the decision of Justice Belobaba, certifying this class action. To read the reasons of the Court of Appeal, please click here.
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September 16, 2022
The panel of the Court of Appeal for Ontario that will hear the Plaintiff’s Certification appeal on September 22, 2022 will be composed of Justices Doherty, Zarnett and Coroza. To view the appeal hearing through Zoom, please use the link in the update below, posted on September 9, 2022.
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September 9, 2022
On Thursday September 22, at 10am EDT, the Court of Appeal for Ontario will hear the Plaintiff’s Certification appeal. The Plaintiff is appealing from the Divisional Court’s decision overturning the lower court decision that certified this action as a class proceeding. Due to ongoing restrictions related to Covid-19, it is not possible for most people to observe the appeal in person. However, you can observe the hearing of this Appeal using the following Zoom link and password:
Link: https://ca01web.zoom.us/j/67260007561?pwd=YjR0VHhoR1NabWNLaUZpNGJNRVYxdz09;
Passcode: 302254We are required to provide the following warning alongside this link: Unless permission is given by the court, it is an offence under s. 136 of the Courts of Justice Act, R.S.O. 1990, c. C.43, punishable by a fine of not more than $25,000 or imprisonment of up to six months, or both, to record any part of the hearing, including by way of screenshot/capture and photograph, as well as to publish, broadcast, reproduce or disseminate any such recording.
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May 9, 2022
The Court of Appeal for Ontario will hear the Plaintiff’s certification appeal on September 22, 2022
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January 11, 2022
On January 10, 2022 the Court of Appeal for Ontario granted the Plaintiff leave to appeal the certification decision of the Divisional Court. Once the Court of Appeal provides the parties with a date for the hearing of the appeal, we will update the website with that information. We expect the hearing date to be sometime in the fall of 2022.
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October 26, 2021
On March 26, 2021, by a divided Court, with two judges allowing the appeal and one dissenting, the Divisional Court agreed with the Province and allowed the appeal. The Plaintiff has applied to the Court of Appeal for Ontario for leave (or permission) to appeal that decision. We are now awaiting a decision from the Court of Appeal on whether or not they will hear our appeal. We expect to receive a determination from that Court by the end of 2021
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December 17, 2018
Mr. Justice Belobaba certified this class action on December 14, 2018. To read the decision click here. To read the Certification Order click here.
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November 5, 2018
The court hearing to decide if this case continues as a class action was heard on October 30-31. The Court has indicated a decision will be released sometime in December, although the date could be later. If the plaintiff wins, the case will continue as a class action, unless the defendant wins an appeal.
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September 14, 2018
The certification hearing will be heard on October 30-31 at Osgood Hall in Toronto.
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July 11, 2018
The certification hearing is now set to be heard in September.
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February 28, 2018
The defendant has served a copy of their Responding Motion Record. Cross-examinations will be occurring over the next two months.
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September 5, 2017
The Class Proceedings Fund has agreed to provide funding to this action. This means the case can continue.
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May 17, 2017
The plaintiff held a press conference at Queen’s park with the Honourable Lisa Gretzky, MPP Windsor West, calling for an end to waitlists for DSO services.
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April 12, 2017
The statement of claim in this matter has now been issued. To access the statement of claim in PDF format click here. To access the statement of claim in a word document, click here.
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February 13, 2024
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News Releases and Reports
- December 17, 2018 Class Action Against Ontario Government of Ontario Over Developmental Services Waitlists Certified by Ontario Court
- April 10, 2017 Koskie Minsky LLP has commenced a class proceeding against the Province of Ontario in respect of the lengthy waitlists for developmental services in Ontario
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Documents
- April 26, 2024 Long Form Notice
- April 26, 2024 Publication Notice
- April 26, 2024 Opt out Form
- April 3, 2024 Notice of Certification Order
- January 25, 2024 Judgment of the Supreme Court of Canada on Ontario's Leave Application
- October 6, 2023 Reply of the Plaintiff
- September 29, 2023 Statement of Defence of Ontario
- May 4, 2023 Decision and Reasons of the Court of Appeal for Ontario
- April 19, 2022 Factum of the Respondent (Court of Appeal for Ontario)
- February 18, 2022 Factum of the Appellant (Court of Appeal for Ontario)
- August 4, 2021 Factum of the Moving Party/Proposed Appellant
- March 26, 2021 Addendum to Certification Decision
- January 18, 2019 Amended Statement of Claim
- January 17, 2019 Order of J. Belobaba
- March 1, 2018 Responding Motion Record of the Defendant
- April 12, 2017 Statement of Claim
- April 12, 2017 Statement of Claim (Unofficial version in text)
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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
Toll-free: 1-866-474-1740
Email: waitlistclassaction@kmlaw.ca
