Crown Wards (Ontario)
The Claim: This class action alleges that the Government of Ontario failed in its duties to advise the children in the permanent care of the province (“Crown Wards”) who were victims of criminal abuse, neglect or other tortious acts before and/or while they were Crown Wards of their rights to commence lawsuits and/or to make applications to the Criminal Injuries Compensation Board. This class action also alleges that, in certain circumstances, the Government of Ontario failed in its duties to take steps to protect the legal rights of Crown Wards in respect of these potential lawsuits and/or applications to the Criminal Injuries Compensation Board.
Ontario is the only Defendant. Neither individual abusers nor any Children’s Aid Society (“CAS”) entities are named as defendants, nor will they be bound by the outcome of the class action. The class members’ claims for the harms that they have suffered by abusers are not part of this class action. Those abuse claims are individual claims that every Crown Ward is entitled to pursue on their own.
This proceeding was certified as a class proceeding on March 30, 2017.
The Class: All persons who were alive as of January 22, 2012, who became Crown Wards in Ontario at any time from the period on or after January 1,1966 until March 30, 2017. Crown Wards meeting these criteria are automatically included in the class action unless they opted out by the deadline of March 11, 2018.
When the action was commenced in 2014, there were limitation periods which may have prevented commencing lawsuits against individual abusers (and any organizations responsible for the abuse). However, in 2016, the law was changed to eliminate limitation periods for civil claims of sexual assault and physical abuse of minors, so these claims can now be pursued by class members when or if they wish to do so. Class members are encouraged to seek legal advice about pursuing such claims, which are outside the intended scope of the class action.
Class members who experienced abuse before or while they were Crown Wards may also be able to access services or potentially qualify for compensation from Ontario’s Victim Crisis Assistance programs. Information about getting assistance is available here.
March 30, 2017: This action was certified as a class proceeding.
May 26, 2021: The Ontario Superior Court of Justice dismissed a motion to approve a proposed settlement of the class action. Leave to appeal this decision was denied by the Ontario Divisional Court on September 20, 2021. The parties are now in renewed settlement discussions through mediation.
October 24, 2024: We have learned that individuals unaffiliated with our law firm have started a Facebook group discussing the Crown Wards Class Action, and asked potential class members to share with them the class members’ private and confidential historic Children’s Aid Society (CAS) records, and other documents relating to their status as Crown Wards.
The Facebook group on which these requests are being made is not affiliated with our law firm. The individuals hosting the Facebook page have nothing to do with our law firm. These requests for your private information are improper.
You should never give your confidential information to anyone who is not your own lawyer, Class Counsel, or a trusted advisor.
We strongly advise class members to only communicate with our firm with respect to the Crown Wards Class Action. We will answer your inquiries as soon as we are able.
- Notice to Class
- Answers to Frequently Asked Questions dated
- Amended Fresh as Amended Statement of Claim
- Statement of Defence
- Certification Order
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.