Koskie Minsky LLP has commenced a class proceeding against the Province of Ontario on behalf of students of three provincial schools for the deaf:
- Ernest C. Drury School for the Deaf, Milton;
- Sir James Whitney School for the Deaf, Belleville; and,
- Robarts School for the Deaf, London; (collectively, the “Schools”)
The parties have reached a tentative settlement to resolve all claims in the class action. The proposed settlement must be approved by the Court. A hearing to determine whether the settlement is in the best interest of the class is scheduled for April 30, 2018. To view a copy of the Settlement Agreement, please click here.
The long form notice describes the proposed settlement and you can access it by clicking here. A shorter summary of the settlement can be reviewed by clicking here.
To view a video of the long form notice in American Sign Language (ASL) please click here.
The Ernest C. Drury School for the Deaf opened in Milton, Ontario in 1963, known then as the Ontario School for the Deaf, Milton. The school was renamed in 1975 in honour of Ernest C. Drury.
The Sir James Whitney School for the Deaf was founded in 1870 in Belleville, Ontario, known then as The Ontario Institution for the Education of the Deaf and Dumb. It was renamed in 1913 as the Ontario School for the Deaf. It has been known as the Sir James Whitney School for the Deaf since 1974.
The Robarts School for the Deaf was founded in 1973 in London, Ontario.
The Plaintiff alleges that members of the class were physically, sexually and psychologically abused at the Schools. It is alleged that the Province of Ontario breached its fiduciary and common law duties to the class through the establishment, operation, and supervision of the Schools. In particular, it is alleged that the Province of Ontario failed to care for and protect class members, which resulted in loss or injury, including psychological trauma, pain and suffering and loss of enjoyment of life.
This action was certified as a class proceeding on August 23, 2016. The court certified the class as including anyone who falls under the following description:
(a) all persons who have attended or resided at Ernest C. Drury School for the Deaf or its predecessor (“Drury”) as students from September 1, 1963 to the date of this Order, who were alive as of August 10, 2013, and who have not otherwise released their claims (the “Drury Student Class”);
(b) all persons who have attended or resided at the Sir James Whitney School for the Deaf or its predecessor (“Sir James Whitney”) as students from September 1, 1938 to the date of this Order, who were alive as of August 10, 2013, and who have not otherwise released their claims (the “Sir James Whitney Student Class”);
(c) all persons who have attended or resided at the Robarts School for the Deaf or its predecessor (“Robarts”) as students from September 1, 1973 to the date of this Order, who were alive as of August 10, 2013, and who have not otherwise released their claims (the “Robarts Student Class”; together with the Drury Student Class and the Sir James Whitney Student Class, the “Student Class”); and,
(d) all spouses, children, grandchildren, parents, grandparents, and siblings of persons who are members of the Student Class and who attended or resided at Drury, Sir James Whitney, or Robarts as students from March 31, 1978 to the date of this Order (the “Family Class”).
The deadline to exclude yourself from the class action expired on September 1, 2017.
Koskie Minsky LLP represents the Plaintiff in this action.
