Schedule 1 Institutions
The claims process in this case has ended.
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Latest Developments
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February 28, 2018
The Administrator has finalized calculations for compensation, addressed appeals and requested the funds from the defendant. It is anticipated that payment will be made in 4-6 weeks.
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February 9, 2017
The claims deadline has been extended to April 28, 2017. You must submit a claim by April 28, 2017 if you want to claim money in the settlement.
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August 30, 2016
If class members would like a copy of their resident file to assist them in making a claim, they should do so by September 27, 2016 in order to receive that file in time for them to make a claim before the final claims deadline of February 28, 2017.
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July 21, 2016
If you want help completing a claim form, you can go to a workshop hosted by the ARCH Disability Law Centre.
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June 8, 2016
The claims process has started.
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April 28, 2016
The reasons from the court approving the settlement have been released. To read those reasons, click here.
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April 25, 2016
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.
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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.
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January 15, 2016
The court hearing to decide whether the settlement in this case can go ahead will be heard on April 25th in downtown Toronto. To read the settlement agreement, click here, to read the long form notice, click here, to read the short form notice, click here.
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November 12, 2015
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.
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October 23, 2015
The province has served and filed their statement of defence. To read a copy of the statement of defence, click here.
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September 10, 2015
The parties have agreed to a timetable of the steps in this case. The next step will be for the defendant to deliver a statement of defence by October 12, 2015. To read a complete copy of the timetable, click here.
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August 20, 2015
These actions have been certified and will now proceed as a class proceeding. A copy of the certification order is available here. A press release is available here.
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August 20, 2015
An Amended Statement of Claim has been filed.
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June 3, 2015
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.
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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.
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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.
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November 18, 2014
The Class Proceedings Fund has approved funding in this class action.
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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.
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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.
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July 8, 2014
The plaintiff has filed material seeking funding from the Class Proceedings Fund for these proposed class actions.
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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.
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February 28, 2018
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Documents
- July 20, 2016 Avis détaillé du livret (version longue)
- June 10, 2016 Detailed Non-Booklet Notice
- June 10, 2016 Publication Notice Short Form Notice
- June 10, 2016 Publication Notice Short Form - French
- April 25, 2016 Order re: Fee Approval
- April 25, 2016 Order re: Settlement Approval
- March 30, 2016 Motion Record of the Plaintiff re Fee Approval
- March 30, 2016 Motion Record of the Plaintiff re Settlement Approval
- January 15, 2016 Long Form Notice
- January 15, 2016 Short Form Notice
- January 15, 2016 Opt Out Form
- November 12, 2015 Settlement Agreement
- October 23, 2015 Statement of Defence
- September 10, 2015 Timetable
- August 20, 2015 Amended Statement of Claim
- August 20, 2015 Certification Order
- August 26, 2014 Timetable
- June 16, 2014 Statement of Claim in Respect of D'Arcy Place, Cobourg
- June 16, 2014 Statement of Claim in Respect of Residents of all the Facilities
- June 16, 2014 Statement of Claim in Respect of Residents of Adult Occupational Centre, Edgar
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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: institutionalabuse@kmlaw.ca
Tollfree: 1-888-723-4304
