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Koskie Minsky LLP

Koskie Minsky LLP

Huronia Regional Centre


Developments

September 16, 2014

The last site visits to the former Huronia Regional Centre will occur on October 16, 17, 18. In order to attend, you should contact Koskie Minsky at huroniaclassaction@kmlaw.ca or 1-866-777-6311.

July 21, 2014The next site visits at Huronia will be Friday, July 25 and Saturday, July 26 from 10 am to 5 pm. For more information, click here.
July 9, 2014The claims deadline has been extended until NOVEMBER 30, 2014. To view the Notice letter please click here.
June 25, 2014The parties attended a case conference with Justice Conway on June 25, 2014. Justice Conway directed that that claims deadline be extended until November 30, 2014. To get money from the settlement, you must submit a claim by November 30, 2014. Justice Conway also directed that if you request a resident file by August 5, 2014, the government must give you that file by October 5, 2014.
June 20, 2014

A workshop will be held on July 9th at the 519 Community Centre in Toronto from 10 a.m. to 4:30 p.m.

For more information please visit ARCH's website at: http://www.archdisabilitylaw.ca/?q=node/926 

June 2, 2014

The deadline for claims is August 5, class members must submit a claim by that date to be eligible for compensation. If you wish to read further about the system of points that will be used to assess claims of abuse, please read the Long Form Notice here, or please see the attached chart indicating the allocation of points by clicking here

April 4, 2014Former residents can now file claims seeking compensation from the settlement funds. The claims form is available on the Claims Process Materials page of the website or by clicking here.
March 26, 2014
The first site visit to the former Huronia Regional Centre will be held on Friday, April 25 and Saturday, April 26. For more information on the visits, please visit this site: http://www.mcss.gov.on.ca/en/mcss/programs/developmental/Huronia_site_visits.aspx.
March 4, 2014To read a copy of Justice Conway’s reasons approving class counsel’s fees in this action, please click here.
February 20, 2014

To review the settlement and fee approval materials filed by the Plaintiffs for this motion click here.

February 19, 2014

The fee approval hearing on February 25th  will take place at 330 University Avenue, Courtroom 5-0, Toronto, Ontario at 10 am.

February 12, 2014To view the plaintiffs’ factum in support of the motion to approve class counsel’s fees for the Rideau and Southwestern class actions scheduled for February 24th and 25th, please click here.
January 23, 2014

The province of Ontario was ordered to perform several searches of its records to find the addresses of class members. The orders are available here.

December 9, 2013

The Premier, Kathleen Wynne, delivered an apology to the former residents of regional centres today at the legislature in Toronto. To view the apology, please click here. To view the PDF version please click here.

December 5, 2013

Justice Conway’s Reasons for approving the settlement dated December 5, 2013 are available here.

The order approving the settlement is available here.

December 4, 2013

The Premier, Kathleen Wynne, will give an apology to the former residents of Huronia on Monday, December 9th at 2 pm. The apology will be given in the legislature in Toronto.

MPP Cheri DiNovo will arrange to have the names of those attending be read aloud and listed in Hansard (the governments record of the event), if residents contact her office in advance. Residents can contact Bhutila Karpoche - at karpocheb@ndp.on.ca or by phone at 416-325-0244.

You can read about how to watch the legislature here [http://www.ontla.on.ca/lao/en/getting-involved/watch-the-legislature-in-action/].

December 3, 2013

The settlement agreement was approved by the court on December 3, 2013. The claims process for money has not started yet. There will be notice when the claims process starts. A further court hearing will be held in Toronto on February 24 to determine how much the lawyers’ fees are.

 

November 28, 2013

The settlement approval hearing on December 3rd will take place at 330 University Avenue, Courtroom 5-0, Toronto, Ontario at 10 am.

If you are a former resident of Huronia Regional Centre and wish to obtain your personal case files, please contact the Ministry of Community and Social Services. Contact information is listed below. You can send a letter saying what file you want and setting out who you are.

No fees will be charged to you.

For more information please contact:

Cate Parker
416-327-6101
cate.parker@ontario.ca
Fax: 416-326-2567

To contact the ministry in writing:

Cate Parker
Freedom of Information and Protection of Privacy Act Coordinator
Ministry of Community and Social Services
PO Box 978
77 Wellesley Street West
Toronto ON M7A 1N3

November 26, 2013

The plaintiffs’ motion record for settlement approval is available here. The plaintiffs’ factum for settlement approval is available here.

The motion for fee approval will be heard on February 24, 2014. The plaintiffs’ motion record for fee approval is available here.

November 19, 2013The settlement approval hearing will be proceeding on December 3, starting at 10 am in downtown Toronto. The exact court room will be posted on this website when it is confirmed.
November 14, 2013

If you are a former resident of Huronia Regional Centre and wish to obtain your personal case files, please contact the Ministry of Community and Social Services. Contact information is listed below. You will be asked to complete a brief form which will ensure the personal information in your file can be forwarded to you.

No fees will be charged to you.

For more information please contact:

Cate Parker
416-327-6101
cate.parker@ontario.ca
Fax: 416-326-2567

To contact the ministry in writing:

Cate Parker
Freedom of Information and Protection of Privacy Act Coordinator
Ministry of Community and Social Services
PO Box 978
77 Wellesley Street West
Toronto ON M7A 1N3

November 13, 2013

The Plaintiffs have served a motion seeking a better class member list from the government and seeking further hearing days for the settlement approval motion. This means the hearing currently scheduled for December 3rd may only be used to hear objections to the settlement, more court days in February may be held. All the hearing dates will be posted when they are confirmed by the Court. To read the Notice of Motion click here.

October 23, 2013

The Toronto Public Library will be holding an event on October 23, 2013 entitled Surviving the Huronia Regional Centre.

October 16, 2013

For those individuals or organizations interested in participating in possible funding from the settlement to assist in documenting class member stories, a preliminary funding application is available here.  Funding is contingent on several factors detailed in the application form.

October 8, 2013

The proposed settlement of this class action was recently discussed in the Provincial Legislature, to view the video, please click here.

October 4, 2013

The settlement of this class action requires the approval of the Court. The approval hearing will be held on December 3rd in Toronto. Individuals who lived at the Huronia Regional Centre between 1945-2009, and who were alive as of April 21, 2007 are automatically included in the proposed settlement. Class members can attend the settlement hearing to approve the settlement or object to the settlement. Class members do not have to attend.   For a more detailed explanation of the settlement and approval hearing process, please consult the long form notice here, or the short form notice here

October 2, 2013

The hearing to decide whether the settlement in this class action is approved by the court will be heard on December 3 in Toronto. Further details about the location and time of that hearing will be posted on this website when available. To view the order regarding the fairness hearing and the notices that help explain the hearing and class member options, please click here.  

September 19, 2013

The Settlement Approval Hearing is scheduled to be heard on Tuesday, December 3, 2013.  At that hearing the court will determine if the settlement reached between the parties is fair, reasonable and in the best interests of the class.  The claims process will not begin until after the court approves the settlement.

September 17, 2013

This case has settled; there will not be a trial. To read the settlement agreement click here. To read the Summary of Key Settlement Terms click here.

September 6, 2013

The plaintiff has served and filed their written opening argument for trial. The argument can be read by clicking here.

August 20, 2013

For individuals wishing to watch the trial, it will commence on September 16th, and will be held at 330 University Avenue, Courtroom 5, Toronto, Ontario. The court will open at 10am each day from September 16th until mid-December and is open to the public.

June 20, 2013

The trial of the common issues in this action will be starting on September 16th. The trial will be held in Toronto and is generally open to the public. 

June 3, 2013The World this Weekend (CBC), June 2nd, Sunday edition,  featured a piece on the Huronia Class Action. The report on the Huronia class action starts at 8.5 minutes into the June 2nd program: http://www.cbc.ca/worldthisweekend/.
May 27, 2013

The parties have exchanged responding expert reports in preparation for trial.

April 2, 2013

The parties have exchanged expert reports in preparation for trial and in accordance with the trial timetable.

February 8, 2013

Master Glustein presided over the Plaintiff’s motion to compel the Defendant to answer refusals made on the examination for discovery of Mr. Brian Low. Master Glustein ordered the Defendant to answer a number of questions that it had previously refused. You can read the Endorsement of Master Glustein here.

December 18, 2012

A motion in this action will be heard by the Court on February 8, 2013. The motion relates to refusals made on examinations for discovery and documentary productions issues. The Plaintiff is seeking an Order from the Court that the Crown answer certain questions and produce further documents. You can read the Notice of Motion, which describes the motion, here.

October 10, 2012

In the process of answering undertakings and written questions for discovery, the Defendant advised that it had located a significant source of further documents to be produced.  The production of documents in this action was to have been completed February 29, 2012.  The Defendant has already produced over 50,000 documents to date.  In a case conference with the Honourable Justice Archibald, the Defendant sought and were granted an extension of time for certain aspects of the previous timetable (from March 7, 2012).  The trial of this action is still scheduled for September 2013.  To view a copy of the amended timetable click here.

October 1, 2012This action continues to proceed towards trial scheduled for the Fall of 2013.  The Plaintiffs have delivered a Request to Admit to the Defendant asking them to admit certain facts in advance of trial.  The Defendant’s responses are due December 1, 2012.  To view a timetable of the remaining steps until trial click here.
July 6, 2012

The Gristle in The Stew, a radio documentary about Huronia, was recently honoured with a Silver Medal at the New York Awards. Additionally, the documentary has received the following awards: a finalist for the Canadian Association of Journalist awards, winner Community Living Media award, Silver United Nations Department of Public Information Award. To listen to the documentary, click here.

April 25, 2012The Plaintiffs completed three days of examinations for discovery of the Defendant between April 23-25, 2012.  The action continues towards trial which is scheduled for September 2013.  Expert reports, requests to admit, answers to questions taken at examinations for discovery are all expected to be completed in the coming months.
March 8, 2012A revised timetable has been set by the Honourable Justice Archibald that provides for this action to proceed to trial September 30, 2013. The next step in this proceeding is for the Plaintiff to complete the examinations for discovery of the Defendant, which are set to be completed by May 15, 2012. To view the complete timetable click here.
February 24, 2012

The Plaintiffs completed the first 4 days of examinations for discovery of the Defendant.  A further 5 days of examinations are tentatively scheduled for April 2012.

February 7, 2012Oral discoveries (examinations) of a representative of the Defendant will take place February 21-24, 2012.
December 23, 2011The Defendant delivered another set of documents as part of its ongoing obligations. The Defendant has now produced over 50,000 documents. Examinations for discovery of the Defendant are scheduled to take place in mid-February 2012.
December 2, 2011

The Defendant delivered what is believed to be the last set of documents for the Plaintiffs’ review, bringing the total number of documents delivered to approximately 48,000.  Examinations for discovery of the Defendant is scheduled to take place in mid-February 2013.

November 25, 2011CBC Radio Airs Documentary on the Huronia Regional Centre Class Action

A documentary entitled “The Gristle in the Stew” about the Huronia Regional Center class action was posted on CBC Radio's website November 25, 2011.  The documentary will air November 27, 2011 at 9:00 a.m. on The Sunday Edition on CBC Radio One across Canada, on Sirius Satellite radio 159 across North America and via the web at http://www.cbc.ca/thesundayedition/.   

For more information about the Huronia Regional Centre Class Action please click here.

November 17, 2011

A trial date has been set for this action for a period of 10 weeks beginning September 30, 2013.

November 9, 2011The Defendant delivered its 5th set of documentary productions, which the Plaintiffs are reviewing.  The Defendant has now produced over 32,500 documents in this action.
October 14, 2011The parties reached an agreement with respect to the redactions in the first two sets of documents produced by the Defendant, which averted the Plaintiffs’ motion which was scheduled for October 5, 2011.  The Defendant has produced un-redacted copies of most of the documents it previously redacted.  The Defendant has also produced its 3rd and 4th sets of documents, which are being reviewed by the Plaintiffs.
August 29, 2011As a result of concern for the aging class member population, the Plaintiffs filed a motion to fix a trial date at the earliest practical opportunity.  The Plaintiffs believe that the increasing age of the class members warrants a speedy pursuit to trial.  While no date is set for the motion it is expected to be heard shortly.
August 8, 2011The Defendant produced its second set of documents (approximately 4,000 documents).  The Plaintiffs have noted similar redactions in the documents provided as with the documents provided previously.   The Plaintiffs intend on pursuing such redactions in the motion noted below.
August 5, 2011After receiving the first set of documents from the Defendant (approximately 2000 documents) it was apparent to the Plaintiffs that the Defendant redacted (blacked out) information on a number of documents they produced.  Such information redacted included names of ministerial employees and potential witnesses, information relating to assaults on residents, admissions information, and in other cases extensive portions of a document were redacted such that the Plaintiffs could not know what information was being withheld.   It is the Plaintiffs’ position that the Defendant inappropriately redacted such documents.  The Plaintiffs are concerned that further production from the Defendant will include similar redactions.   Accordingly, the Plaintiffs filed a motion today seeking the removal of such redactions from the documents already produced and those the Defendant has yet to produce.  While no date is set for the motion it is expected to be heard shortly.
June 9, 2011Despite the previous timetable which required the Defendant to deliver its documents by mid June 2011, the Defendant sought an extension of that time from the court.  The Honourable Madame Justice Horkins provided the Defendant with an additional 6 months, until November 30, 2011 to provide their documents.
March 14, 2011Pursuant to the Order of the Honourable Mr. Justice Cullity, direct mailings of the Notice of Certification were mailed to the list of known class members provided by the Defendant at the end of January 2011. Class members have until June 30, 2011 to opt out if they do not want to be part of the class action.
January 31, 2011The Defendant served its Statement of Defence, which can be viewed here.
December 9, 2010

Notice to the class regarding the certification of this action as a class proceeding was published in various newspapers the weekend of December 11-12th. Should class members not want to be part of the class action they have until June 30, 2011 to “opt out” by completing an Opt Out Coupon and forwarding it to the Administrator at:

Huronia Class Action
c/o Crawford Class Action Services
3-505, 133 Weber St. N
Waterloo, On N2J 3G9.

You can obtain a copy of the Notice and the Opt Out Coupon by visiting the Administrator’s website at www.huroniaclassaction.com or accessing the "Documents" link to the right of this page.

 

November 30, 2010At a case conference held this day, the Honourable Madame Justice Horkins ordered a timetable for the remaining steps leading up to the trial of the common issues. In particular, the Defendant is required to deliver their Statement of Defence and a list of all known class members, for the purposes of delivering notice to the class, by January 31, 2011. The exchange of documents is to occur by June 2011 and examinations for discovery by the end of November 2011. No date has been set for the trial of the common issues, but it is expected that a date will be set for some time in 2012.
November 8, 2010The Honourable Madame Justice Herman denies leave to the Defendant to appeal the certification decision of the Honourable Mr. Justice Cullity. Accordingly, the certification of this action as a class proceeding stands and will not be appealed further. The next step in this action is to provide notice to the class in accordance with the Certification Order, which you may find here, then the production of documents, examinations for discovery and other steps leading up to a common issues trial.
October 12, 2010The Honourable Madame Justice Herman presided over the Defendant’s motion for leave to appeal the certification order of the Honourable Mr. Justice Cullity dated July 30, 2010 to the Divisional Court. The Honourable Justice Herman reserved her decision, which is expected in the coming weeks. Such decision will determine whether the Defendant will be permitted to appeal the certification order to the Divisional Court, at which point a formal appeal of the issues before the Divisional Court will be scheduled.
August 9, 2010The Defendant is seeking leave to appeal the certification decision of the Honourable Mr. Justice Cullity dated July 30, 2010. The Defendant's motion for leave to appeal is to be heard on October 12, 2010.
July 30, 2010

The Honourable Mr. Justice Cullity released his Reasons for Decision certifying this action as a class proceeding. They can be accessed through the "Documents" link to the right of this page.

July 28, 2010The Honourable Mr. Justice Cullity provided an oral ruling today certifying this action as a class proceeding with written reasons to follow. Written reasons are expected within a week.
July 14, 2010Due to unforeseen events, the court has required a rescheduling of the Plaintiffs' motion originally scheduled for July 15, 2010. The motion will now be heard on Wednesday, July 28, 2010.
May 11, 2010The Honourable Mr. Justice Cullity established a timetable for the return of the certification motion so that the Plaintiffs may address the issues raised by the court in its April 19, 2010 reasons and to seek to expand the class to the years prior to 1961 and after 1979. The motion is scheduled to be heard on July 15, 2010.
April 27, 2010A case conference has been scheduled for Tuesday, May 11, 2010 with the Honourable Mr. Justice Cullity to discuss the scheduling of the hearing of the remaining issues noted by the Honourable Mr. Justice Cullity in his reasons dated April 19, 2010, which granted conditional certification to this class action.
April 19, 2010The Honourable Justice Cullity's reasons for decision in regards to the Plaintiffs' certification motion, which was heard on March 2-4, 2010, were released today. The Honourable Justice Cullity held that the action met virtually all of the requirements for a class proceeding, especially for the years 1961 to 1979. The court held that if the class action is to cover the time period before 1961 or after 1979, the Plaintiffs must file further evidence covering those time periods. The court also held that the Plaintiff must file an amended litigation plan to deal with the issues arising from the vulnerability of the class members in this case. A date will be set for these matters to be addressed in court. In all other respects, the case met the test for certification under the Class Proceedings Act, 1992. A copy of the court's decision can be found in the "Documents" link to the right of this page.
March 4, 2010On March 2, 2010 the Plaintiffs began their submissions as to why this action should be certified as a class proceeding. Arguments by the Plaintiffs to this effect and from the Defendant in opposition were heard by the Honourable Mr. Justice Cullity of the Ontario Superior Court of Justice beginning on March 2, 2010 for three days ending on March 4, 2010. A decision by the court is under reserve but is expected shortly.
January 25, 2010The Plaintiffs' delivered their factum in support of certification.
November 24, 2009The Defendants completed their cross examinations of the Plaintiffs' witnesses. The next step in this proceeding is the delivery of facta prior to the hearing of the certification motion March 2-4, 2010.
November 18, 2009The Defendants commenced cross-examinations of the Plaintiffs' witnesses on their affidavits sworn in support of certification of this action as a class proceeding. The Defendants advised that they will not be filing any evidence in response to the Plaintiffs' materials filed in support of certification of this action as a class proceeding.
August 15, 2009The plaintiffs' served their materials in support of certification of this class proceedings. The defendants' materials in response are expected by the end of October 2010. The certification motion is scheduled for March 2-4, 2010.
July 2, 2009The Class Proceedings Fund approves the Plaintiff's application and grants funding to this class action.
May 24, 2009A case conference was held before the Honourable Mr. Justice Cullity, at which time a timetable for the return of the certification motion was set. The certification motion is now scheduled to be heard March 2-4, 2010.
April 21, 2009The Statement of Claim was issued. The next step in the action will be the motion for certification. A date for the motion will be set shortly.