Birth Alerts (Ontario)
The Claim: This proposed class action is brought against the Government of Ontario (Ministry of Children, Community and Social Services) and all of the provincial Children’s Aid Societies, regarding their establishment and operation of a system known as “Birth Alerts” (sometimes also called “birth notifications” or “hospital alerts”).
On July 14, 2020, the Ministry issued a policy directive to the CASs requiring that the practice of issuing Birth Alerts be stopped by October 15, 2020. This directive came after the Report on Murdered and Missing Indigenous Women and Girls identified the practice as unconstitutional, and disproportionately affecting Indigenous people.
The action alleges that issuing Birth Alerts was unlawful. Specifically, the action alleges that the CASs:
- breached the Birth Parent Class Members’ fundamental constitutional rights, including their right to liberty and security of the person;
- breached the Birth Parent Class Members’ quasi-constitutional right to privacy regarding intensely personal matters of medical care and childbirth; and
- exceeded their child protection mandate and legal jurisdiction by issuing Birth Alerts against the Birth Parent Class Members prior to the birth of a child.
The action also alleges that the Government of Ontario was negligent in failing to put a stop to the use of Birth Alerts for decades, causing substantial harm to Ontario families.
Further, the action alleges that the use of Birth Alerts was grounded in discriminatory assumptions regarding which individuals are likely to be neglectful, abusive or incapable parents—particularly Indigenous, racialized, and/or disabled birth parents, who were disproportionately the subjects of Birth Alerts—and that this was a violation of the Subclass Members’ constitutional right to equality.
The Class: All persons who were, while pregnant, the subject of a Birth Alert issued in Ontario, and who were 18 years of age or older at the time that the Birth Alert was issued (the “Birth Parent Class” or “Birth Parent Class Members”); and
All dependents of members of the Birth Parent Class, as defined by s. 61 of the Family Law Act, R.S.O. 1990, c. F.3 (the “Family Class” or “Family Class Members”).
Including a subclass of:
All Indigenous, racialized, and/or disabled Birth Parent Class Members (the “Subclass” or “Subclass Members”).
Our Partners: Goldblatt Partners LLP
- The parties have exchanged their certification motion records, and the motion for certification of the action as a class proceeding is scheduled for April 2 – 4, 2026.
- Amended Fresh as Amended Statement of Claim
- Statement of Defence and Crossclaim of the CAS Agencies to the Amended Fresh as Amended Statement of Claim
- Statement of Defence and Crossclaim of His Majesty the King in Right of Ontario
What is a class action?
A class action is a special form of lawsuit in which one plaintiff brings a claim against one or more defendants based on allegations which are common to a group, or class, of people. In order for the action to become a class action, it must proceed through a stage known as “certification”.
Who brings a class action lawsuit forward?
A statement of claim is issued on behalf of a “representative plaintiff”. The representative plaintiff’s role is to work with class counsel to bring the action forward and to represent the class members in court.
What is certification?
In order for an action to proceed on behalf of the entire class, a judge must decide (among other things) whether the members of the proposed class have common issues, and whether a class action is the preferred way to resolve the issues. The process to decide these issues is known as the “certification motion”. If the judge is satisfied that the case meets all of the requirements for certification, he or she will issue an order which certifies the action as a class action.
Do I have to do anything to “join” the lawsuit?
No. If the lawsuit is certified, and you are included in the class as defined, you are automatically included in the lawsuit.
Once I am part of the class do I have to do anything?
No. We will work primarily with the class representative.
What if I do not want to be included in the lawsuit?
Those who do not wish to remain in the class will be given the option to opt-out by sending an opt-out form at the appropriate time to us.
What are the benefits of proceeding as a class action?
Certification as a class action will enable us to prove the facts in a single lawsuit rather than in numerous individual lawsuits. This has obvious benefits to the class members and to the courts.
How long does it take for a class action to be resolved?
There is no timeframe. We will move the case forward diligently but it can take a considerable period of time to reach trial.
Can a class action lawsuit be settled without going to trial?
Many class actions settle and thereby remove the need for a trial. However, we cannot predict with any certainty whether or not there will be a settlement in a given action.
What are the chances of winning the action?
The chances of “winning” can never be accurately predicted.
Will be liable for any costs or legal fees?
Class action lawsuits are typically brought on a contingency fee basis. This means that the lawyers will only be paid if the action is successful at trial or results in a settlement in favour of the plaintiffs. Legal fees would then be paid out of the settlement or judgment proceeds as approved by a judge.
Disbursements (i.e. out-of-pocket expenses, including expert reports) may be dealt with in one of two ways.
Most commonly, the lawyers will absorb the cost of disbursements. The lawyers may seek funding assistance from the Class Proceeding Fund, which may provide funding for disbursements if granted.
In some cases, disbursements may be funded by the class members, including the class representative. This typically occurs in smaller class actions brought on behalf of an organization or network of individuals where each member of the class is easily identifiable and known to the representative plaintiff. If the class action is successful, amounts advanced for disbursements are re-paid from the proceeds of any judgment or settlement to class members (and others).
Will I be liable for costs of the action if it is unsuccessful?
Only the class representative may be liable for costs of the common issues portion of the action if it is unsuccessful.
When can I expect to receive a payout from this class action?
A “payout” or an award for damages is never certain.
The action may settle or it may proceed to trial, at which time a judge will determine the amount of damages, if any, to which the class members are entitled to. Regardless, the amount of “payout” cannot be predicted, and we cannot predict when the action may settle or when the trial will conclude.
How will counsel keep me updated on the progress of the case?
If the lawsuit is certified as a class action, you will receive a formal notice from the court explaining the nature of the case and providing you with the opportunity to opt out if you wish. General information about the lawsuit will be posted on Sotos LLP’s website at https://www.sotosclassactions.com.
Where can I send any documents that I have that may be relevant to a class action?
We ask that you keep a copy of any documents, correspondences, records, invoices, receipts, etc. that you feel might be relevant to your individual claim in the class action. If there is a “payout,” this documentation may be required in order to support your claim for compensation.
It is not required that you send any documents to us at this time.