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Provincial Schools for the Deaf
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 Court has now approved a $15 million settlement on behalf of students of the Ernest C. Drury School for the Deaf (“Drury”), the Sir James Whitney School for the Deaf (“Whitney”), and the Robarts School for the Deaf (“Robarts”) and their predecessors. If you are included in this class action, you can now make a claim for compensation.
Please click here to obtain a Claim Form and here to watch and ASL video describing the Claim Form. The deadline to submit a claim is now January 24, 2019. You must email, fax or mail your claim to the Claims Administrator on or before this day. Send the form to:
Schools for the Deaf Settlement
3-505, 133 Weber Street North
Waterloo, Ontario, N2J 3G9
E-mail: Schoolabuseclassaction@crawco.ca
Fax: 1-888-842-1332
More information is available on the administrator’s website http://www.schoolsforthedeafclassaction.ca/
To view a video of the Settlement Approval 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.
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Latest Developments
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September 2, 2019
The Claims Administrator advised that compensation cheques have been mailed out to approved claimants. Approved claimants should be receiving those cheques shortly.
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August 13, 2019
The Honourable Mr. Justice Belobaba advised the parties that he decided to grant Class Counsels’ fee request. Justice Belobaba advised that reasons for his decision should be released following Labour Day.
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July 19, 2019
The Claims Administrator has advised that it has requisitioned the necessary funds from the Province of Ontario to begin making payments to approved claimants in the settlement. The Claims Administrator estimates that compensation cheques should begin being issued in approximately 5 weeks.
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June 25, 2019
The Honourable Mr. Justice Belobaba presided over the motion to determine the fees to be paid to class counsel. Justice Belobaba heard from class members in attendance. Justice Belobaba adjourned the motion to July 19, 2019 to review the submissions from one class member. A decision on the motion will not be provided until after July 19, 2019.
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June 24, 2019
The June 24, 2019 court hearing to determine the lawyer’s fees will be held in Courtroom 5 at 130 Queen Street West, Toronto, Ontario at 10:00am.
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May 29, 2019
The June 11, 2019 court hearing to determine the lawyer’s fees has now been adjourned by the Court. The hearing will NOT take place on June 11, 2019. The hearing will now take place on June 24, 2019 in Courtroom 5 at 130 Queen Street West, Toronto, Ontario. Notice of this change can be found here. An ASL video of the notice is available here.
The hearing may be moved to a different date or time without additional notice, so you should check the Claim’s Administrator’s website at www.schoolsforthedeafclassaction.ca or by calling 1-855-823-0656 (TTY: 1-877-627-7027) in advance of the hearing if you are planning to attend.
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March 29, 2019
The April 4, 2019 court hearing to determine the lawyer’s fees has been adjourned by Justice Glustein. The hearing will NOT take place on April 4, 2019. The hearing will now take place on June 11, 2019. An updated notice of the hearing can be found here. An ASL video of the updated notice will be posted soon.
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March 14, 2019
The lawyers for the Plaintiff have prepared a statement in response to some questions and concerns that appear to recently be raised by some members of the class about the Settlement in the Schools for the Deaf in Ontario class action. To view the statement from the lawyers for the Plaintiff please click here. To view the ASL videos of the Statement please click on the following links:
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March 11, 2019
A rehearing of Class Counsel’s motion to approve their request for legal fees is scheduled for April 4, 2019. Class members wishing to make an objection in advance of the hearing may do so by March 22, 2019 or they can attend the hearing. A detailed notice of this hearing can be found here. The ASL video notice can be found here.
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December 17, 2018
Claims Workshops have been set up to provide assistance to any remaining class members who wish to submit claims by the January 24, 2019 deadline. Please click here to see a list of the scheduled workshops.
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October 22, 2018
The Honourable Mr. Justice Perell ordered the extension of the claims deadline to provide class members with further time to complete and submit their claims. All class members who wish to make claims in this settlement must now do so by January 24, 2019. To review the notice of the extension of the claims deadline please click here.
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July 9, 2018
The Court has now approved a $15 million settlement on behalf of students of the Ernest C. Drury School for the Deaf (“Drury”), the Sir James Whitney School for the Deaf (“Whitney”), and the Robarts School for the Deaf (“Robarts”) and their predecessors. If you are included in this class action, you can now make a claim for compensation.
Please click here to obtain a Claim Form and here to watch and ASL video describing the Claim Form. The deadline to submit a claim is January 24, 2019. You must email, fax or mail your claim to the Claims Administrator on or before this day. Send the form to:
Schools for the Deaf Settlement
3-505, 133 Weber Street North
Waterloo, Ontario, N2J 3G9
E-mail: Schoolabuseclassaction@crawco.ca
Fax: 1-888-842-1332More information is available on the administrator’s website http://www.schoolsforthedeafclassaction.ca/
To view a video of the Settlement Approval Notice in American Sign Language (ASL) please click here.
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April 30, 2018
The motion to approve the settlement agreement and class counsel’s request for fees and disbursements was heard today. The Court has reserved judgement and will issue reasons in the coming days on whether to approve the settlement agreement and class counsel’s request for fees and disbursements.
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February 2, 2018
The long form notice is now available to review. 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.
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November 20, 2017
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. A copy of the Settlement Agreement can be found here.
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September 1, 2017
The deadline to exclude yourself from the class action has passed.
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August 1, 2017
The defendants continue to produce documents on a rolling monthly basis.
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December 5, 2016
The defendant has commenced production of their affidavit of documents on a rolling monthly basis.
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August 26, 2016
The Plaintiffs have filed an Amended Statement of Claim. Please click here to review the Amended Statement of Claim.
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August 23, 2016
The court has certified this action as a class action. The court has approved a notice of certification, which among other things, explains what the class action is about and how a person can take steps if they do not want to participate in the class action. Please click here to review the notice. Please click here for the opt-out form. To view video of Notice in American Sign Language (ASL) please click here.
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November 13, 2015
We have filed our materials for the certification motion.
The defendant’s materials for the certification motion are due April 15, 2016
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September 15, 2015
The certification motion is scheduled for October 31 to November 2, 2016.
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August 10, 2015
The statement of claim was issued on August 10, 2015.
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September 2, 2019
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Documents
- March 29, 2019 Updated Fee Approval Notice of Hearing
- March 11, 2019 Notice of Fee Approval Hearing
- October 22, 2018 Order - Claims Deadline Extension 2018_10_19
- February 2, 2018 Long Form Notice - Fairness Hearing
- February 2, 2018 Short Form Notice - Fairness Hearing
- February 2, 2018 Settlement Agreement
- August 26, 2016 Amended Statement of Claim
- August 23, 2016 Certification Order
- August 23, 2016 Reasons for Certification
- September 15, 2016 To view video of Notice in American Sign Language (ASL) please click here.
- September 6, 2016 Notice of Certification (English)
- September 6, 2016 Notice of Certification (French)
- September 6, 2016 Opt-Out Form (English)
- September 6, 2016 Opt-Out Form (French)
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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: SchoolAbuse@kmlaw.ca
Tollfree: 1-877-309-9111
To access the Bell Relay Service please dial 711 and type in Koskie Minsky LLP’s Toll-free hotline number 1-877-309-9111.
