The claims process in this class action has now ended and payments have been sent to claimants.
The process to allocate funds to organizations as part of Schedule “D” of the settlement has started. Organizations will have until January 6, 2017 to submit an application asking for funding.
To read the settlement, including Schedule “D”, click here.
To read the notice regarding the application process, click here.
Organizations have until January 6, 2017 to ask for funding from the Schedule “D” funds available in this case.
New cheques have now been mailed to people who did not deposit their original settlement cheque. The new cheques will be valid for 6 months from the date on the cheque. If you did not deposit your original cheque and you did not get a new one in the mail, please call 1-866-777-6311.
The claims period in this action is now over and cheques have been distributed.
The claims assessor, Crawford, has advised that it is anticipated that payments will be sent to eligible class members at the end of the summer. However, this date is subject to change as all claims must be reviewed and finalized before payments can be issued from the settlement fund.
The Claims Administrator is in the process of reviewing and assessing the significant number of claims submitted through the claims process in the Huronia, Rideau and Southwestern Regional Centre Class Action Settlements. Those assessments will take some time to complete. A further update will be provided in several weeks.
The Honourable Dr. Helena Jaczek, Minister of Community and Social Services, will unveil a commemorative plaque near the former Rideau Regional Centre in Smiths Falls to honour the memory of the centre’s residents. The event has been rescheduled to occur at 2:30 p.m. on Wednesday, December 17, 2014, in the Community Hall at the Memorial Community Centre, located at 71 Cornelia Street West, Smiths Falls.
The claims deadline has expired. If you did not submit a claim by November 30, 2014 you will not be eligible to receive compensation. The claims administrator will review all the claims and contact you in writing once they have made a decision about your claim.
The plaque unveiling for the Rideau Regional centre will occur on December 17th. The plaque is located in front of the Ontario Provincial Police East Region Headquarters, located at 525 Queen Street, Smiths Falls. More information will be posted closer to the ceremony.
The claims deadline is November 30th. Your claim must be submitted by November 30th. If you do not submit a claim by November 30th you will not be eligible to receive compensation.
The ceremony to unveil the commemorative plaque for Southwestern (Cedar Springs) will be held on October 16, 2014. To make a claim in this class action you must submit a claim by November 30, 2014.
The claims deadline has been extended until NOVEMBER 30, 2014. To view the Notice letter please click here
The parties attended a case conference with Justice Conway on June 25, 2014. Justice Conway directed that that claims deadline be extended until November 30, 2014. To get money from the settlement, you must submit a claim by November 30, 2014. Justice Conway also directed that if you request a resident file by August 5, 2014, the government must give you that file by October 5, 2014.
A workshop will be held on July 9th at the 519 Community Centre in Toronto from 10 a.m. to 4:30 p.m.
For more information please visit ARCH’s website at: http://www.archdisabilitylaw.ca/?q=node/926
The deadline for claims is August 5, class members must submit a claim by that date to be eligible for compensation. If you wish to read further about the system of points that will be used to assess claims of abuse, please read the Long Form Notice here, or please see the attached chart indicating the allocation of points by clicking here.
The Premier of Ontario has issued a written apology for the conditions and harmed caused to individuals at the Rideau Regional Centre and Southwestern Regional Centre while they lived there. To read a copy of the apology, click here.
Former residents can now file claims seeking compensation from the settlement funds. The claims form is available on the Claims Process Materials page of the website or by clicking here.
To read a copy of Justice Conway’s reasons approving class counsel’s fees in this action, please click here.
Justice Conway’s Reasons for approving the settlement dated February 27, 2014 are available here.
The Settlement in this action was approved by Justice Conway on February 24. This means the Court will allow the Settlement to proceed. You cannot make a claim yet. To read a copy of the Settlement Agreement click here.
To review the settlement and fee approval materials filed by the Plaintiffs for this motion click here.
The settlement approval hearing on February 24th will take place at 330 University Avenue, Courtroom 5-0, Toronto, Ontario at 10 am.
To view the plaintiffs’ factum in support of the motion to approve class counsel’s fees for the Rideau and Southwestern class actions scheduled for February 24th and 25th, please click here.
Madam Justice Conway of the Superior Court of Ontario approved the notice of the hearing to approve the settlement of this action. The order approving notice is available here.
For a more detailed explanation of the settlement and approval hearing process, please consult the long form notice here, or the short form notice here.
The court hearing to seek approval of the settlement agreement and class counsel fees is scheduled to take place on February 24 and 25, 2014.
This class action has settled. To view the Settlement Agreement, click here. To view key terms of the Settlement Agreement, click here.
This action is currently in the process of being set down for trial. We estimate that a trial will be scheduled for early-2015.
The plaintiffs have completed examinations for discovery, and are working towards setting this matter down for trial.
Examinations for discovery of the defendant’s representative will resume on April 8, 2013.
Further examinations for discovery of a representative of the defendant will occur in April, and must be concluded by May 15, 2013. For a full schedule of remaining steps please click here.
The first round of discovery examinations of a representative of the defendant have concluded. Further examinations will occur in the new year. Discovery examinations involve lawyers for the plaintiff asking questions to a representative of the defendant, it is a process to get information related to allegations in the class action.
Chatham Daily News runs article on class action suit: http://www.chathamdailynews.ca/2012/10/10/institutionalized-and-university-educated
The Gristle in The Stew, a radio documentary about Huronia, was recently honoured with a Silver Medal at the New York Awards. Additionally, the documentary has received the following awards: a finalist for the Canadian Association of Journalist awards, winner Community Living Media award, Silver United Nations Department of Public Information Award. To listen to the documentary, click here.
The examination for discovery of Mary Ellen Fox, the representative plaintiff, has been completed. The defendant is currently producing all relevant documents and discovery of a representative of the Crown will be conducted after documentary productions are completed on September 30, 2012.
Examinations for discovery of the Plaintiff, May Ellen Fox, are expected to be completed on May 16, 2012.
Pursuant to the Certification Order, direct mailings of the notice of certification to the last known addresses of potential class members provided by the Defendant were sent today. The deadline to opt out of this proceeding is June 19, 2012.
The Defendant is continuing to produce documents as part of the discovery phase of this litigation. The Defendant has to complete full documentary productions by September 30, 2012.
The Honourable Madame Justice Horkins has signed an Order providing for the delivery of a random selection of resident files to class counsel. The delivery is to be completed by no later than May 1, 2012. To view a copy of the Order please click here.
As required by the Certification Order, the Defendant delivered a list of last known addresses for the resident class members for the purposes of delivering the notice of certification by mail to those former residents. A list of last known addresses for the family class is expected in mid-February 2012. Direct mailings of the notice of certification to the last known addresses provided by the Defendant is expected to take place in March 2012. The deadline to opt out of this proceeding is June 19, 2012.
CBC to Air Documentary on the Huronia Regional Centre Class Action
A documentary entitled “The Gristle in the stew” about the Huronia Regional Center class action will air on CBC November 27, 2011. The documentary will be broadcast on The Sunday Edition on CBC Radio One across Canada, on Sirius Satellite radio 159 across North America and via the web at http://www.cbc.ca/thesundayedition.
For more information about the Huronia Regional Centre Class Action please click here.
The Defendant has produced the first batch of documents as part of the discovery phase of this litigation. The Defendant has to complete full documentary productions by September 30, 2012.
The Defendant served their Statement of Defence to the allegations in the action. To read the Statement of Defence click here.
The Plaintiff filed a motion to consolidate this class proceeding with the similar proceeding against the government with respect to the Rideau Regional Centre (for more information on that action click here). The Rideau Regional Centre action was certified as a class proceeding on the same day as this action, again with the consent of the Defendant. The current timetables ordered by the Honourable Madame Justice Horkins in both actions are identical. As well, both institutions were run in a similar manner by the Defendant. It is the Plaintiff’s position that the issues in both actions are so similar that it would be in the interests of justice to have both actions proceed together and tried one after another. Further, the aging class member population warrants a speedy pursuit to trial simultaneously in both actions. While no date has yet been scheduled it is expected that the Plaintiffs motion with be heard shortly.
At a case conference held this day, the Honourable Madame Justice Horkins ordered a timetable for the remaining steps leading up to the trial of the common issues. In particular:
No date has been set for the trial of the common issues at this time, but the earliest such trial would take place is February 2013.
Today this action was certified as a class proceeding by the Honourable Madame Justice Horkins, with the consent of the Defendant. The class is defined as:
(a) All persons who resided at the Southwestern Regional Centre (“Southwestern”) between September 1, 1963 and October 31, 2008 who were alive as of December 29, 2008 (the “Resident Class”); and
(b) All parents, spouses, children and siblings of persons who resided at Southwestern between March 31, 1978 and October 31, 2008, who were alive as of December 29, 2008 (the “Family Class”).
The next step in this action is to provide notice to the class in accordance with the Certification Order, which you may find here, then the production of documents, examinations for discovery and other steps leading up to a common issues trial. It is expected that the first stage of notice to the class, being published in various newspapers, will occur in the coming weeks.
The Plaintiff has not received any responding material from the Defendant for the certification motion. The Defendant’s responding materials were due on July 31, 2011. The certification motion is scheduled to be heard February 27-March 1, 2012.
The Defendant’s responding materials for the certification motion are due July 31, 2011
The Plaintiff delivers its materials in support of the certification motion.
At a case conference held today, the Honourable Madame Justice Horkins set a timetable for the remaining steps leading to the certification motion. Pursuant to Justice Horkins’ order, the Plaintiff will deliver its motion materials by May 31, 2011 with the Defendant’s responding materials due July 31, 2011. Reply materials, cross-examinations and the exchange of facta will take place between July 31, 2011 and January 31, 2012, with the certification motion scheduled for February 27-March 1, 2012.
In February 2011, the Class Proceedings Fund granted funding for this action to the representative Plaintiff.
A case conference is scheduled for March 23, 2011 with the Honourable Madame Justice Horkins to set a timetable for steps leading up to the certification motion.
The Class Proceedings Committee has approved funding for this class action.
The Statement of Claim in this action was issued December 29, 2010. The Statement of Claim can be viewed here.
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.
Toll Free Hotline: 1-866-474-1741
Email:southwestern@kmlaw.ca
Former residents of the Southwestern Regional Centre may file a claim to receive compensation from the settlement. To make a claim, former residents must complete the Southwestern Class Action Claims Form (select link below) and send it by email, fax or regular mail to the claims administrator, Crawford Class Action Services:
Southwestern Regional Centre Class Action Claims Administrator, c/o Crawford Class Action Services
3-505, 133 Weber St North
Waterloo, Ontario, N2J 3G9
T: 1-877-797-6678 | TTY: 1-877-627-7027
F:1-888-842-1332
W: http://www.southwesternclassaction.ca/english/english.html
ALL CLAIMS MUST BE SENT TO CRAWFORD BY NO LATER THAN AUGUST 5, 2014.
The following documents are relevant to the Claims Process:
Settlement 
