Crown Ward Class Action
Crown Ward Class Action c/o Koskie Minsky LLP 20 Queen St. W. Suite 900 M5H 3R3 Toronto, ON, Canada

A case conference has been scheduled for September 12, 2017 to settle the certification notice and ancillary matters.

This action was certified as a class proceeding. Justice Pierce’s decision for certifying this action as a class proceeding is available here: https://kmlaw.ca/cases/crown-ward-class-action/#documents

The motion for certification was argued before Justice Pierce of the Ontario Superior Court. Justice Pierce has reserved her decision.

A timetable has been scheduled for the motion for certification. For more information, please visit our website: https://kmlaw.ca/cases/crown-ward-class-action/.

The plaintiffs’ have filed their Motion Record for Certification. A copy is available here: https://kmlaw.ca/cases/crown-ward-class-action/#documents.

The defendant’s motion for leave to appeal was dismissed. A copy of the reasons is available here: http://kmlaw.ca//uploa/2014/01/OCW_endorsement_22jan16.pdf.

The Crown has served a notice that it intends to seek leave to appeal Justice Pierce’s order. No date has yet been set for the appeal.

Justice Pierce of the Ontario Superior Court of Justice released a decision denying the Province’s motion to strike the plaintiffs’ lawsuit and granting the plaintiffs’ motion for an order that the first part of the test for certification the cause of action criterion is satisfied. A copy of the decision is available here: https://kmlaw.ca/wp-content//2015/07/OCW_Resons_28May15.pdf

The preliminary motion to determine whether the pleadings disclose a cause of action was heard on April 28, 2015. The Court reserved its decision.

The plaintiffs have amended the statement of claim to add Toni Grann as a proposed representative plaintiff. It is available at the following link: https://kmlaw.ca/wp-conte/uploads//07/OCW_ASOC_19Mar14.pdf

If you or someone you know might be affected by this class action, please private message us and leave your contact information.

The statement of claim in this action has been issued. A copy is available at the following link: https://kmlaw.ca/wp-content/uploads//07/OCW_SOC_22jan14.pdf

This class action claims that the Ontario government systematically failed to take all necessary steps to protect the legal rights and claims of children in its care. In Ontario, a child may be removed from the care of his or her parents and put into the care of the Province for reasons that include physical, emotional, or sexual abuse, or neglect. In Ontario, permanent wards for whom the Province has legal responsibility are called Crown wards. Crown wards were victims of cr...iminal abuse, neglect and tortious acts as children, and as a result of which, were removed from the care of their families and placed under the care of the Province of Ontario. These children were also victims of abuse, neglect, and tortious acts while they were under the age of 18 and in the care of Ontario. As a result of the crimes and torts committed against them prior to and during their Crown Wardship, the class members were entitled to apply for compensation from the Criminal Injuries Compensation Board and to commence proceedings for civil damages. The suit claims the province failed to take all necessary steps to protect the rights of Crown wards to apply for compensation from the Criminal Injuries Compensation Board or to file personal injury claims for children who were abused prior to or while in the care of the Province. The class action seeks to include all persons who became Crown Wards in Ontario on or after January 1, 1966, the date that the Province of Ontario voluntarily accepted legal responsibility and guardianship of Crown wards.