Ontario Crown Ward Failure to Secure Benefits Class Action Settlement
Frequently asked questions (FAQs)
No. The opt out period expired on March 11, 2018.
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.
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.
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.
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.
There are two ways to voice your opinion about the proposed settlement:
The Approval Hearing will take place virtually on May 12, 2021.
The hearing date may be moved to different dates or times without additional notice.
Video conference details have not been released by the Court yet. These details will be made available closer to the hearing date. 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.
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.
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.
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.
The lawyers for the Plaintiffs are Koskie Minsky LLP of Toronto, Ontario. Their contact details are:
Koskie Minsky LLP
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.
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 firstname.lastname@example.org. You may also call the toll-free number 1-877-739-8936.
April 1, 2021
May 12, 2021
Settlement Approval Hearing