Ontario Crown Ward Failure to Secure Benefits Class Action Settlement

Frequently asked questions (FAQs)

 

1. What are my legal rights and options in the Settlement?

2. Can I opt out of (remove myself from) this lawsuit?

3. Why is there a proposed settlement?

4. Who is included in the Proposed Settlement?

5. What does the proposed settlement provide?

6. Can I make a claim now?

7. How do I tell the court if I object to the proposed settlement?

8. When and where will the court decide whether to approve the proposed settlement?

9. Do I have to attend the Approval Hearing?

10. May I speak at the Approval Hearing?

11. How will the lawyers be paid?

12. Who are the lawyers for the Plaintiffs?

13. How do I get more information?

 

1. What are my legal rights and options in the Settlement?

 

  1. Do nothing

    If you support the settlement agreement, you do not have to do anything right now.  If you do nothing, the Approval Hearing will proceed, and the Court will consider whether the proposed settlement is fair, reasonable, and in the best interests of the Class

  2. Object to the proposed settlement

    If you do not wish to attend the hearing, but you would like to object to the settlement, you can also complete an
    Objection Form available here. This form will include your name, address, and the reasons why you do not support the settlement.

    You must mail this Form to Epiq Class Action Services Canada Inc., Attention: Ontario Crown Ward Class Action Settlement, PO Box 507 STN B, Ottawa, ON K1P 5P6, or email it to
    info@ontariocrownwardclassaction.ca and it must be received or postmarked no later than April 1, 2021.

  3. Participate at the settlement hearing

    You can attend the approval hearing on
    May 12, 2021 to participate in the proceeding and voice your objection to the proposed settlement. The hearing will proceed virtually. The Court will decide if you will be permitted to make oral submissions at the time of the hearing. However, in order to be eligible to participate, you must have completed and submitted the Objection Form setting out your reasons for objecting to the proposed settlement.

 

2. Can I opt out of (remove myself from) this lawsuit?

 

No.  The opt out period expired on March 11, 2018.

 

3. Why is there a proposed settlement?

 

The Representative Plaintiffs and Ontario have agreed to a proposed settlement. By agreeing to the proposed settlement, the parties avoid the costs and uncertainty of a trial and delays in obtaining a judgment, and Class Members receive financial compensation. In this case, it also means that the Class Members will not need to testify in court. The Representative Plaintiffs and their lawyers believe that the proposed settlement is in the best interests of all Class Members.

 

4. Who is included in the Proposed Settlement?

 

All persons who were alive as of January 22, 2012, who were Crown Wards in Ontario at any time from the period on or after January 1, 1966 until March 30, 2017 and suffered physical or sexual assault before or while a Crown Ward. However, it does not include individuals who were still Crown Wards or in extended society care as of May 11, 2021.

 

5. What does the proposed settlement provide?

 

If approved, the settlement provides financial compensation for eligible Class Members.

The settlement provides a fund of money that Class Members can make a claim against. The amount of money you can get depends on how many people make a claim. If the settlement is approved, each successful claimant may receive $3,000, subject to increase (up to a maximum total of $3,600) or decrease depending on how many people submit eligible claims.

 

6. Can I make a claim now?

 

No.  The settlement has not been approved by the Court.  There is no money available at this time.  The claims process has not started.  More information on how to make a claim will be available if the proposed settlement is approved.

 

7. How do I tell the court if I object to the proposed settlement?

 

There are two ways to voice your opinion about the proposed settlement:

 

  1. Object to the proposed settlement

    If you do not wish to attend the hearing, but you would like to object to the settlement, you can also complete an
    Objection Form. This form will include:

    • Your name, address, and telephone number;
    • A statement saying that you object to the proposed settlement;
    • The reasons you object to the proposed settlement, along with any supporting materials; and
    • Your signature.

    The Objection Form is available
    here.  You must mail this Form to Epiq Class Action Services Canada Inc., Attention: Ontario Crown Ward Class Action Settlement, PO Box 507 STN B, Ottawa, ON K1P 5P6, or email it to info@ontariocrownwardclassaction.ca and it must be received or postmarked no later than April 1, 2021.

  2. Participate at the settlement hearing

    You can attend the approval hearing on
    May 12, 2021 to participate in the proceeding and voice your objection to the proposed settlement. The Court will decide if you will be permitted to make oral submissions at the time of the hearing. However, in order to be eligible to participate, you must have completed and submitted the Objection Form setting out your reasons for objecting to the proposed settlement.

8. When and where will the court decide whether to approve the proposed settlement?


A continuation of the Approval Hearing will take place virtually on
May 14, 2021 from 10:00am to 5:00pm EST.

 

Conference details are as follows:

 

Join Zoom Meeting

https://ca01web.zoom.us/j/69307922818?pwd=dDl3QWh5Q1NaaXJVMWtKQkNRalRTZz09

 

Canada Toll-free:  1-855-703-8985

Meeting ID: 693 0792 2818

Passcode: 125862

Join by SIP - 69307922818@zmca.us

 

The continuation of the hearing may be moved to different dates or times without additional notice.  Please check this website or call 1-877-739-8936 in advance if you are planning to attend.

 

At the hearing, the Court will consider whether the proposed settlement is fair, reasonable, and in the best interests of the Class. If there are objections, the Court will consider them.

 

After the hearing, the Court will decide whether to approve the proposed settlement and Class Counsel’s legal fees. We do not know how long these decisions will take.

 

9. Do I have to attend the Approval Hearing?

 

No. Class Counsel will answer questions from the Court. However, you or your own lawyer are welcome to participate at your own expense – either to show your support for or to object to the proposed settlement. If you send an objection form, you do not have to come to the Court to talk about it. If you emailed or mailed your written objection form on time, the Court will consider it.

 

10. May I speak at the Approval Hearing?

 

You may ask the Court for permission to speak at the Approval Hearing if you wish to object to the proposed settlement. If you’d like to participate, you must submit an Objection Form, indicating that you wish to speak. The Objection Form is available here.

 

11. How will the lawyers be paid?

 

Class Counsel will not be paid until the Court declares that the proposed legal fees are fair and reasonable.

 

Class Counsel will ask for approval of fees in the amount of $2 million, plus repayment of reasonable disbursements and applicable tax. The Court will decide the value of fees and disbursements to award. These amounts will be paid directly from the Settlement Fund and will not be deducted from any amounts that eligible Class Members may receive.

 

12. Who are the lawyers for the Plaintiffs?

 

The lawyers for the Plaintiffs are Koskie Minsky LLP of Toronto, Ontario.  Their contact details are:

 

Koskie Minsky LLP

Phone: 1-866-778-7985

Email: OCWclassaction@kmlaw.ca

Website: www.kmlaw.ca/cases/crown-ward-class-action

 

If you want to be represented by or receive advice from another lawyer, you may hire one at your own expense to appear in court for you.

 

13. How do I get more information?

 

More details are in the settlement agreement which is available here.

 

For more information about your legal rights under the Settlement, you may also speak to Class Counsel at no charge by calling 1-866-778-7985.

 

You can send your questions to Epiq Class Action Services Canada Inc., Attention: Ontario Crown Ward Class Action Settlement, PO Box 507 STN B, Ottawa, ON K1P 5P6, or by email at info@ontariocrownwardclassaction.ca. You may also call the toll-free number 1-877-739-8936.

 

 

Important Dates

 

 

April 1, 2021

Objection Deadline

 

May 12, 2021

Settlement Approval Hearing

Address

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