The settlement in this class action has been approved. You cannot ask for money yet from the settlement. Notice will be sent out and posted on this website when it is time to make a claim in the settlement. To read the court orders approving the settlement and fees, click here and here.
April 7, 2016
The court hearing to decide whether the settlement should go ahead will be held on April 25 in Toronto starting at 10:00 am at 330 University Avenue, Courtroom 5-0.
This case has settled. To read the Settlement Agreement click here. Court approval of the proposed Settlement Agreement and Compensation Plan is still required. A further court hearing will be held in Toronto in the coming months to address these issues.
The certification motion in this action is scheduled to be heard in September. The plaintiff’s factum is scheduled to be delivered by July 17. The certification motion is the hearing that determines whether the law suit is allowed to go forward as a class action.
February 18, 2015
The crown has served the plaintiff with responding motion records for the certification motion. This means the crown has served the written evidence it intends to rely on at the court hearing about whether this case should become a class action.
January 29, 2015
The plaintiffs have served a Further Supplementary Motion Record to support the inclusion of more institutions into a potential class action. The court hearing to decide if a class action will go forward is scheduled to be heard in August, 2015.
November 18, 2014
The Class Proceedings Fund has approved funding in this class action.
August 26, 2014
The parties have set a schedule to the hearing when the court will decide if this case should be a class action. To view the schedule, click here. The next event is that the crown can submit responding material as to why this case should not be a class action by January 31, 2015.
August 11, 2014
The plaintiff has served on the defendant materials for certification in this case. A case conference will be held on August 13th, 2014 to set a timeline to the court hearing on certification. The court hearing on certification is when a judge must decide whether the case can go forward as a class action.
July 8, 2014
The plaintiff has filed material seeking funding from the Class Proceedings Fund for these proposed class actions.
June 16, 2014
The Statement of Claim in respect of residents of all the facilities is available here. The Statement of Claim in respect of residents of Adult Occupational Centre, Edgar is available here. The Statement of Claim in respect of residents of D’Arcy Place, Cobourg is available here.
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.
The settlement agreement allows people to make claims without a personal resident file, but a resident file may help people in making a claim. If you want to get a copy of your resident file from when you lived at one of the institutions please contact:
Access and Privacy Office Ministry of Community and Social Services
PO Box 978
77 Wellesley Street West
Toronto ON M7A 1N3
The deadline to request resident files records from the Access and Privacy Office is September 27, 2016. For requests received by the Ministry prior to this date, the Ministry is required to provide records, where they exist, by December 28, 2016.
The Ministry will make reasonable efforts to produce resident files requested after September 27, 2016, but there is no guarantee that records will be received before the claims deadline.
If you are requesting records it is in your best interest to do so before September 27, 2016.