Class Action gets the green light in suit against the Ontario Government for
alleged abuse of residents in Orillia institution
Crown loses leave to appeal motion re: Huronia Regional Centre Class Action
TORONTO, Nov. 10 /CNW/ - The Ontario Superior Court of Justice dismissed the Crown's motion for leave to appeal on Monday, eliminating the final procedural hurdle for a class action to proceed to trial against the Province of Ontario. The class action arises from alleged abuses suffered by former residents of the Huronia Regional Centre, a government institution in Orillia, Ontario, for people living with developmental disabilities.
Kirk Baert of Koskie Minsky LLP, representing the plaintiffs, is pleased about the court's decision and looks forward to the class action giving a voice to these institutional survivors.
"Now that the procedural hurdles for this class action are behind us," said Baert, "we are looking forward to moving to trial to seek justice for the former residents of Huronia and to bring the alleged abuses and maltreatment they suffered to light."
The class action is based on allegations that residents suffered inhumane treatment and abuse in that institution from 1945 to 2009 and that Ontario's failure to properly care for and protect class members resulted in loss or injury suffered by them. The allegations include severe mental and physical abuse such as punishment for "acting out," rooms unnecessarily locked creating a prison-like environment, unnecessarily medicating the residents and forcing residents to work without pay.
The class action is based upon the Ontario government's alleged negligence and breach of fiduciary duties in the operation, control and management of Huronia from 1945 to 2009, in particular for allowing the alleged abuses to occur unchecked for decades.
The Crown argued in its motion for leave to appeal that class members could not sue the Ontario government prior to 1963, the date when the Proceedings Against the Crown Act (PACA) was enacted. Justice Herman ruled that there was no reason to doubt the correctness of the decision certifying the action as a class proceeding and holding that PACA does not bar claims for breach of fiduciary duty prior to 1963. Accordingly, Huronia residents from 1945 to 1963 may continue to participate in the class action, along with those who resided there after 1963 until its closure in 2009. The decision clears the way for the class action to proceed to trial representing former residents from 1945 to 2009.
The representative plaintiffs, Marie Slark and Patricia Seth, and their litigation guardians commenced this action in April 2009 seeking to represent all former residents of Huronia and their families. The institution survivors have been gratified by the pace of this action and the respect accorded to their issues by the judiciary. Koskie Minsky LLP represents the plaintiffs in this action. Koskie Minsky LLP has successfully represented plaintiffs in many of the most significant class actions in Canada.
For further information:
visit institutionalsurvivors.com or contact:
Koskie Minsky LLP
(416) 595-2700
[email protected]
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