Ontario Youth Segregation Class Action

Frequently asked questions (FAQs)

 

1. What is a class action?

2. What is this class action about?

3. Why did I receive a notice?

4. Why is there a proposed settlement?

5. Who is included in the Proposed Settlement?

6. What if I’m not sure whether I’m included in the lawsuit or proposed settlement?

7. What does the Proposed Settlement provide?

8. How much money can I get?

9. How can I make a claim in the Settlement?

10. What is the process for Class Members to receive their benefit(s)?

11. What supporting documents will be needed to make a claim?

12. How will the lawyers be paid?

13. Who are the lawyers for the Representative Plaintiff and the Class Members?

14. How can I express support for, or object to, the Proposed Settlement?

15. When and where will the court decide whether to approve the Proposed Settlement?

16. Do I have to attend the hearing?

17. What if I do nothing?

18. How do I get more information?

1. What is a class action?

 

In a class action, one or more people called “Representative Plaintiffs” sue on behalf of people who have similar claims. All of the people who have similar claims are called a “Class” or “Class Members.” The court resolves the issues for everyone affected, except for those who excluded themselves from the lawsuit by opting out.

2. What is this class action about?

 

The class action seeks damages and other relief on behalf of those who, while under the age of 18, were held in a Youth Justice Facility and were isolated for longer than 6 consecutive hours.

 

This class action is known as: C.S. v. Ontario before the Ontario Superior Court of Justice.

3. Why did I receive a Notice?

 

The Notice you received summarizes the Proposed Settlement, which affects your legal rights if you are a Class Member. Receipt of this Notice does not mean that you are a Class Member.

 

If you are a Class Member, the Notice informs you of your legal rights and options. These options include participating in the Proposed Settlement and, if you wish, supporting or objecting to the Proposed Settlement. You can also attend the upcoming public hearing before the Court, which will determine whether the Proposed Settlement should be approved.

4. Why is there a Proposed Settlement?

 

By agreeing to the Proposed Settlement, the Representative Plaintiff, Class Members, and the Province of Ontario avoid the costs and risks of a trial and delays in obtaining a judgment. If approved by the Court, the Proposed Settlement will guarantee financial compensation for eligible Class Members, while proceeding to trial without the Proposed Settlement leaves open the risk that the lawsuit will be unsuccessful, and no compensation will be available to any Class Member. In this case, the Proposed Settlement, if approved, would mean that Class Members will NOT be required to testify in court.

The Representative Plaintiff and the lawyers representing the Representative Plaintiff believe that the Proposed Settlement is in the best interests of all Class Members.

5. Who is included in the Proposed Settlement?

 

The Proposed Settlement includes all persons who, while under the age of 18, were placed in segregation for more than 6 hours between April 1, 2004 and December 17, 2018 at the following Ontario Youth detention facilities:

 

  • 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.

 

The proposed settlement does not include (i) individuals who were segregated by reason of lock-down at a youth detention facility; or (ii) the routine locking of youth in their rooms as authorized by statute.

6. What if I’m not sure whether I’m included in the lawsuit or Proposed Settlement?

 

There are people who can help you understand your legal rights and next steps. If you are not sure whether you are included in the Proposed Settlement, you may call Class Counsel, the law firms of Koskie Minsky LLP and Strosberg Sasso Sutts LLP. You will not be charged for contacting these lawyers.

 

Class Counsel can be reached by telephone at: 1-844-819-8501 or 1-866-229-5323, ext. 296.

7. What does the Proposed Settlement provide?

 

If approved by the Court, the Province of Ontario has agreed to offer money to Class Members who were held in Youth Segregation for more than 6 consecutive hours.

 

The amount of compensation Class Members could receive will depend on how long they spent in Youth Segregation and the circumstances surrounding their placement.

 

Class Members seeking money under the Proposed Settlement will be required to submit timely and valid Claims to receive money after the Settlement is approved. There is no money available at this time. The claims process has not started.

8. How much money can I get?

 

There is no money available at this time. The claims process has not started. However, the amount of money that individual Class Members may be eligible to receive, if the Settlement Agreement and their claim is approved, is set out below.

 

 

PLEASE NOTE: The amount of compensation Class Members could receive will depend on how long they spent in Youth Segregation and the circumstances surrounding their placement. If there are insufficient funds in the Settlement Fund to pay all Approved Claims in full, the amounts payable for Approved Claims will be adjusted downward such that each Approved Claim receives a proportionate share of the Settlement Fund.

9. How can I make a claim in the Settlement?

 

If you wish to make a claim for benefits under the Settlement, you do not need to take any action at this time. The claims process will only open if the Settlement is approved by the Court following the Settlement Approval Hearing on October 14, 2021.

 

If the Proposed Settlement is approved, notice and additional details will be provided regarding when claims can begin to be submitted and the steps you will need to take to make a claim. If the Proposed Settlement is approved, you will have 9 months to submit a claim.

10. What is the process for Class Members to receive their benefit(s)?

 

If the Proposed Settlement is approved, the process for Class Members to receive their benefit(s) involves the following steps:

 

  1. Class Members will obtain information about the claims process and the options available to them through a website, further notices, and the Claim Form;

  2. Once a Class Member is ready to submit a Claim, the Class Member will, by the claims submission deadline, submit a Claim Form to the Claims Administrator that contains certain information about the Class Member’s time in Youth Segregation. The Claim Form will require a Claimant to sign and declare that information submitted is true and correct based on knowledge and belief. The Class Member will be required to give their  consent to allow for the Class Member’s relevant Youth Records to be obtained. The Class Member will be able to give their consent along with the Claim Form.

  3. The parties will obtain the Class Member's Youth Records that are relevant to their time spent in Youth Segregation. Permission must be provided to obtain a Court Order from a judge of the Youth Justice Court to retrieve the Youth Records.

  4. The Class Member’s eligibility or ineligibility to participate in the claims process will be determined by the Claims Administrator.

  5. For Category 1 Claims, the Administrator will determine whether the Class Member was in Youth Segregation for more than 6 and up to 72 consecutive hours. If the Class Member satisfies this requirement, the Claims Administrator will issue a payment to the Class Member.

  6. For Category 2, Category 3 and Category 4 Claims, the Claims Administrator will transfer the Class Member's Youth Records to a retired Superior Court of Justice judge, Mr. Casey Hill. Mr. Hill will review the events described in the Claimant's Claim Form and will also review the available Youth Records. Mr. Hill will determine whether the Class Member was appropriately placed in Youth Segregation due to immediate likelihood to cause serious property damage or to cause another person serious bodily harm, whether the Class Member was "overheld", and will assess whether the Youth Records are inadequate to justify placement.

11. What supporting documents will be needed to make a claim?

 

To submit a claim for money under the Settlement (if approved by the Court), you will need to provide the following information and supporting documents:

 

  1. Identity Document: Valid driver’s license or other government-issued photo identification;

  2. Claim Form: You will need to provide a written statement that describes the events surrounding your placement in Youth Segregation and the justification for your placement, as described to you at the time. You will also have to describe how long you were kept in Youth Segregation and how many times you were placed in Youth Segregation.

  3. Consent: You will need to read and sign the Consent included with the Claim Form to give permission for your relevant Youth Records to be obtained in relation to your Claim Form.

12. How will the lawyers be paid?

 

The Representative Plaintiff and Class Counsel entered into a retainer agreement at the commencement of this litigation. As is the ordinary practice in Ontario class proceedings, Class Counsel is entitled to be paid a percentage of the settlement funds. No Class Member has to pay any money directly to Class Counsel in order to take part in the claims process, if the Proposed Settlement is approved.

 

The amount of money payable to Class Counsel will be the subject of a separate hearing and the Honourable Justice Perell will be required to approve Class Counsel's fee request. Under Ontario law, the Court will only approve fees that are fair and reasonable in the circumstances.

13. Who are the lawyers for the Representative Plaintiff and the Class Members?

 

The law firms representing all Class Members are listed below. You will not be charged for contacting these lawyers.

 

Koskie Minsky LLP

20 Queen St. West, Suite 900 Box 52

Toronto, ON  M5H 3R3

 

Strosberg Sasso Sutts LLP

1561 Ouellette Avenue

Windsor, Ontario N8X 1K5

 

Toll-Free Tel: 1-844-819-8501 or 1-866-229-5323, ext. 296

14. How can I express support for, or object to, the Proposed Settlement?

 

If you support the Proposed Settlement, you may provide a statement of support in favour of the Proposed Settlement. Alternatively, if you do not like the Proposed Settlement, you can deliver an objection in writing. Your statement of support or objection must be received by the Administrator no later than October 7, 2021.

 

Your support or objection will be delivered to the Court and considered at the Settlement Approval Hearing on October 14, 2021. Before objecting, it is recommended that you review this FAQ page to get more information about the Proposed Settlement or talk to Class Counsel for free. You can also talk to your own lawyer at your own expense.

 

Objecting to the Proposed Settlement simply means telling the Court that you do not like something about the Proposed Settlement. Objecting does not disqualify you from making a claim nor does it make you ineligible to receive benefits under the Proposed Settlement if it is approved by the Court.

 

If you are a Class Member and wish to object to the Proposed Settlement, you must express your views to the Court by submitting a personally signed written document.

 

Your statement of support or objection should include the following:

 

  1. Your name, mailing address, telephone number and e-mail address (if applicable);

  2. Details about your placement in Youth Segregation, including when and in what institution this took place;

  3. A statement that you support or object to the Proposed Settlement;

  4. The reasons you support or object to the Proposed Settlement, along with any supporting materials;

  5. Whether you intend to appear in person or whether a lawyer will be attending at the Settlement Approval Hearing on your behalf, and if a lawyer will be attending on your behalf, the name, address, telephone number and e-mail address of your lawyer; and

  6. Your signature.

 

You can send your statement of support or objection to the Administrator in one of three (3) ways:

 

  • 1. Email: info@youthsegregationclassaction.ca
  •  
  • OR
  •  
  • 2. Fax: 1-866-262-0816
  •  
  • OR
  •  
  • 3. Mail: Epiq Class Action Services Canada Inc.
  • Attention: Ontario Youth Segregation Class Action Administrator
  • PO Box 507 STN B
  • Ottawa, ON
  • K1P 5P6

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

 

The Approval Hearing will take place virtually on October 14, 2021 beginning at 10:00AM EST.

 

The hearing will take place virtually, over Zoom. The link for the hearing will be posted on this website when available.

The hearings may move to a different date or time. Please visit this website or call Class Counsel for current information closer to the hearing date.

16. Do I have to attend the hearing?

 

No. The lawyers representing the Representative Plaintiff will answer questions from the Court. However, you are welcome to attend the hearing.

 

If you object to the Proposed Settlement and submit an Objection on time, the Court will consider it and you do not have to come to the Court to talk about it. If you object to the Proposed Settlement, you may also attend the hearing. The judge will decide which participants will be allowed to speak at the hearing. You may also have your own lawyer attend at your own expense, but it is not necessary to hire a lawyer to appear at the Settlement Approval Hearing.

17.  What if I do nothing?

 

If you do nothing, the Settlement Approval Hearing will proceed, and the Court will consider whether the Proposed Settlement is fair, reasonable, and in the best interests of the Class without your views on the matter.

18. How do I get more information?

 

This page summarizes the Proposed Settlement. More details are in the Settlement Agreement. You can get a copy of the agreement here.

 

You can also obtain more information about this class action by contacting the Court appointed Administrator:

 

Epiq Class Action Services Canada Inc.

Attention: Ontario Youth Segregation Class Action Administrator

PO Box 507 STN B

Ottawa, ON

K1P 5P6

Email: info@youthsegregationclassaction.ca

Toll-Free Tel: 1-833-430-7538

Fax: 1-866-262-0816

 

You may contact Class Counsel concerning the Proposed Settlement at no cost to you. You can send your questions to:

 

Koskie Minsky LLP

20 Queen St. West, Suite 900 Box 52

Toronto, ON  M5H 3R3

 

Strosberg Sasso Sutts LLP

1561 Ouellette Avenue

Windsor, Ontario N8X 1K5

 

Toll-Free Tel: 1-844-819-8501 or 1-866-229-5323, ext. 296

 

 

 

 

Important Dates

 

 

October 7, 2021

Deadline for Submitting an Objection or Statement of Support

 

October 14, 2021

Settlement Approval Hearing

 

Address

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