Youth Confinement Class Action

• January 17, 2019

  Mr. Justice Perell certified this class action against the government of Ontario on December 17, 2018, on behalf of all persons who, while under the age of 18, were placed in Youth Segregation at Youth Justice Facilities that were directly operated by the Ministry of Children and Youth Services between April 1, 2004 and December 17, 2018, including:

  • Bluewater Youth Centre,
  • Brookside Youth Centre;
  • Cecil Facer Youth Centre;
  • Donald Doucet Youth Centre;
  • Invictus Youth Centre;
  • Justice Ronald Lester Youth Centre;
  • Roy McMurtry Youth Centre;
  • Sprucedale Youth Centre;
  • Toronto Youth Assessment Centre
• February 23, 2018

  A timetable leading to the certification hearing in this matter has been set:

  Deadline	Event
  January 22, 2018	Plaintiff to issue and serve Amended Fresh as Amended Statement of Claim
  February 23, 2018	HMQ to serve Amended Fresh as Amended Statement of defence
  March 9, 2018	Plaintiff to serve any Reply
  March 16, 2018	Plaintiff to serve any Supplemental Certification Motion Record
  June 1, 2018	HMQ to serve Responding Record
  June 30, 2018	Plaintiff to serve Reply Record, if any
  August 15, 2018	Cross-Examinations
  September 14, 2018	Deadline for hearing undertaking/refusals motions
  October 15, 2018	Plaintiff’s Factum due
  November 26, 2018	HMQ’s Factum due
  December 10, 2018	Plaintiff’s Reply Factum due
  December 17-19, 2018	Certification Motion

   

• April 26, 2017

  The Court of Appeal quashed the Plaintiff’s appeal of the order to produce his protected individual youth justice records for certification. A copy of the decision can be found here. The Plaintiff is now seeking leave to appeal to the Divisional Court.

• April 12, 2017

  The Defendant appeal of Justice Perell’s decision to strike the Defendant’s third party claim is scheduled to be heard on September 11, 2017.

• February 17, 2017

  The Court of Appeal heard the Defendant’s motion to quash today. It has reserved its decision.

• January 18, 2017

  The Defendant has moved to quash the Plaintiff’s appeal of Justice Perell’s pre-certification production motion decision. The quash motion will be heard by the Court of Appeal on February 17, 2017.

• January 17, 2017

  The Defendant is appealing Justice Perell’s decision striking the Defendant’s third party claim. See a copy of the Defendant’s Notice of Appeal filed today here.

• January 5, 2017

  The Plaintiff is appealing Justice Perell’s decision on the Defendant’s pre-certification production motion. See a copy of the Plaintiff’s Notice of Appeal filed today here.

• December 22, 2016

  Today, Justice Perell (1) granted the Plaintiff’s motion to strike the Third Party Claim, with Reasons found here; and (2) granted the Defendant’s pre-certification production motion compelling an application in the Youth Justice Court for release of the Plaintiff’s youth records protected by the Youth Criminal Justice Act, with Reasons found here.

• November 17, 2016

  On December 13, 2016, Justice Perell will hear argument on (i) the Plaintiff/Third Party’s motion to strike or sever/stay the Third Party Claim; and (ii) the Defendant’s motion for pre-certification production of Youth Court records.

• July 4, 2016

  The Plaintiff has filed a Fresh as Amended Statement of Claim. A copy can be found here.

• May 13, 2016

  The Plaintiffs have served their Reply. A copy can be found here.

• May 10, 2016

  The Defendant has served its Statement of Defence. A copy can be found here. The Defendant has served a Third Party Claim. A copy can be found here.

• March 24, 2016

  Justice Perell has granted the Defendant an extension until May 6, 2016 to deliver its statement of defence and any third party claims. The Plaintiff must deliver its certification record by June 14, 2016. The certification motion has been set for September 11-13, 2017.

• February 16, 2016

  Justice Perell has ordered the Defendant to deliver its statement of defence and any third party claims by March 25, 2016. The parties, including any potential third parties, are scheduled for a case conference on April 28, 2016 to set a timetable for certification.

• January 14, 2016

  This action has been transferred from Windsor to Toronto.

Show All

• January 9, 2017 Plaintiff in Youth Solitary Confinement Class Action Seeks Stay of Order to Produce Young Offender Records

• January 28, 2019 Certification Order
• January 18, 2018 Amended Fresh as Amended Statement of Claim
• April 26, 2017 Quash Motion Reasons
• January 17, 2017 Crown Notice of Appeal
• January 5, 2017 Notice of Appeal
• December 22, 2016 Reasons on Strike Motion
• December 22, 2016 Reasons on Production Motion
• September 23, 2016 Fresh As Amended Reply
• September 19, 2016 Fresh As Amended Third Party Claim
• September 12, 2016 Fresh As Amended Statement of Defence
• July 4, 2016 Fresh as Amended Statement of Claim
• May 13, 2016 Reply
• May 9, 2016 Third Party Claim
• May 5, 2016 Statement of Defence
• December 18, 2015 Transfer Order
• December 8, 2015 Amended Statement of Claim

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: 1-844-819-8501

Email: youthconfinementclassaction@kmlaw.ca