Settlement proposed in class action on behalf of Crown Wards who were victims of crime but did not receive certain compensatory benefits

TORONTO, Feb. 11, 2021 /CNW/ - A proposed settlement has been reached in a class action lawsuit against the Province of Ontario on behalf of Crown Wards who were victims of crime but did not receive compensatory benefits. The action was certified as a class proceeding on March 30, 2017.  In Ontario, a child may be removed from the care of his or her parents for reasons that include physical, emotional, or sexual abuse, or neglect. In Ontario, permanent wards were called Crown wards and, since April 30, 2018, are referred to as children in extended society care.  The class consists of persons who were alive as of January 22, 2012 and became Crown wards in Ontario at any time between January 1, 1966 and March 30, 2017 and suffered physical or sexual assault before or while they were a Crown Ward.

The lawsuit alleged that the Province owed a duty to consider and, where appropriate, apply for compensatory benefits on behalf of Crown Wards  who were victims of criminal or tortious acts prior to or while in care and did not do so.  The primary benefits in dispute were Criminal Injuries Compensation Board benefits. The Province denies these claims and a court has not decided whether the Class or the Province is right. Instead, both sides have agreed to a settlement.

If the proposed Settlement is approved, it will provide eligible class members up to $3,600.00. These payments are not compensation for any crime suffered by former Crown Wards. They are only compensation for the fact that the Crown Wards did not receive benefits available to victims of crime. In many instances, Class Members will be able to commence or continue separate lawsuits seeking compensation for harm directly resulting from any crime(s) they suffered.

The Court will hold a Settlement Approval Hearing in the coming months. At this hearing, the Court will consider whether the settlement is fair, reasonable, and in the best interests of the Class, and whether to approve the settlement.

More information is available on Class Counsel's website: kmlaw.ca/cases/crown-ward-class-action or by contacting them at 1.866.778.7985, or by email at [email protected].

RELATED LINKS
www.kmlaw.ca

SOURCE Koskie Minsky LLP

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