Ontario Administrative Segregation

Important Dates

 

 

Summary of Class Members’ legal rights and options at this time

Francis Class
Submit a Claim

The deadline to submit your Claim is March 1, 2025.

 

Object

The deadline to Object to the Distribution Protocol was September 16, 2022.

 

Chandra Class

Submit a Claim

The deadline to submit your Claim is March 1, 2025.

 

Opt-Out

The deadline to opt out of the Class Action was September 16, 2022.

 

Object

The deadline to Object to the Distribution Protocol and Settlement was September 16, 2022.

 

Address & Contact Info Changes: Please promptly notify the Administrator of any changes to your contact information as we use what’s on file to communicate with you. When providing changes, please provide your full name, your claim ID (if applicable), as well as confirm the old contact information and the change requested.

Ontario Administrative Segregation Class Action

 

Were you placed in Administrative Segregation in an Ontario Jail between April 20, 2015 and August 18, 2021? You may be able to claim money in two class action lawsuits.

 

The Court has approved a Settlement Agreement and Distribution Protocol for distributing damages to class members in lawsuits about the use of Administrative Segregation in Ontario Jails.  The Court has decided that approximately $32.7 million is available to be shared by eligible Class Members. Some Class Members may be able to make claims for additional money.

 

This website contains important information about the class actions, and summarizes your rights and options.

 

For additional information, please read the FAQ or view the Long-Form Notice available here.


Important Deadlines:

 

Upcoming Deadline:

 

  • Claim Filing Deadline: You must submit a fully completed Claim Form to the Ontario Segregation Class Action Administrator by March 1, 2025, or else you will not be eligible for any money.

 

Passed Deadlines:

 

  • Opt Out Deadline: Members of the Pre-2018 Class who wished to opt out must have done so by January 10, 2019.
  • Opt Out Deadline: Members of the Post-2018 Class who wished to opt out must have done so by September 16, 2022.
  • Objection Deadline: Members of the Post-2018 Class who wished to object to the Settlement or Distribution Protocol must have done so by September 16, 2022.
  • Objection Deadline: Members of the Pre-2018 Class who wished to object to the Distribution Protocol must have done so by September 16, 2022.
  • Settlement and Protocol Approval Hearing: The Court approved the Distribution Protocol and the Settlement at a hearing on September 22, 2023.

 

Who is included in the Class?

 

You may be a Class Member if:You were placed in Administrative Segregation in an Ontario Correctional InstitutionANDYou did not already opt out of the Francis v Ontario or Chandra v Ontario class actionsANDYour placement was between April 20, 2015 and August 18, 2021AND Your placement was for 15 or more consecutive days (“Prolonged Class Member”) OR Your placement was for any length of timeANDYou were diagnosed by a medical doctor before or during your incarceration with at least one of the listed mental disordersANDYou suffered from your mental disorder in the manner described in Appendix AANDYou reported your diagnosis and suffering to Ontario before or during your Administrative Segregation(“SMI Class Member”)

 

You can view the complete class definitions summarized above, as well as Appendix A and the listed mental disorders, in the Long Form Notice or in the FAQ.

 

What are my rights and options?

YOUR RIGHTS AND OPTIONS WILL DEPEND ON WHICH CLASS YOU BELONG TO AND THE DATES YOU WERE PLACED IN ADMINISTRATIVE SEGREGATION.

 

If you are a member of the Pre-2018 Class or Post-2018 Class:

 

On September 22, 2023, the Court approved a plan for distributing money owed to eligible class members, and describing how certain class members can make claims for more money (the “Distribution Protocol”).

 

 

If you are a member of the Pre-2018 Class, and you were placed in Administrative Segregation between April 20, 2015 and September 18, 2018:

 

You are already a Class Member in a class action lawsuit called Francis v Ontario that was certified by the Court on September 18, 2018. In that lawsuit, the Court has already awarded $30 million (less certain fees and levies) in aggregate damages to Pre-2018 Class Members with Administrative Segregation placement dates between April 20, 2015 and September 18, 2018.

 

If you did not opt out of this action, you may submit a claim for a share of aggregate damages and/or additional money under the Distribution Protocol.

 

 

If you are a member of the Pre-2018 Class, and you were placed in Administrative Segregation between January 1, 2009 and April 20, 2015:

 

The Court has decided that anyone placed in Administrative Segregation between January 1, 2009 and April 20, 2015 is barred from pursuing a claim from this time period, unless they can rebut the presumed limitation period.  You may still deliver a Track 3 claim.

 

 

If you are a member of the Post-2018 Class, and you were placed in Administrative Segregation between September 18, 2018 and August 18, 2021:

 

On March 11, 2022, the Court certified a second lawsuit, called Chandra v Ontario, as a class action for the Post-2018 Class.

 

Ontario has agreed to settle aggregate damages claims in this second lawsuit for $13 million, and has agreed to have claims for a share of aggregate damages and/or additional money to be determined under the Distribution Protocol. The $13 million from the Settlement of this second lawsuit will be combined with the $30 million (less certain fees and levies) awarded by the Court in the first lawsuit, and be shared among eligible Prolonged Class Members under the Distribution Protocol. Both Prolonged and SMI Class Members will also be able to make claims for additional money under the Distribution Protocol.

 

How do I file a claim?

 

You must submit a fully completed Claim Form to the Ontario Segregation Class Action Administrator by March 1, 2025, or else you will not be eligible for any money. To get a Claim Form you have the following options:

 

  1. If you are currently incarcerated in an Ontario jail, you can get a Claim Form and pre-paid postage return envelope from the common area(s) in the jail.

  2. CLAIM ONLINE

  3. Download and email or mail in your Claim Form:

    Download Claim Form PDF

    Email:
    info@OntarioAdministrativeSegregation.ca

    Mail: Ontario Administrative Segregation Class Action Notice Administrator
    c/o Epiq Class Action Services Canada
    PO Box 507 STN B, Ottawa ON K1P 5P6

  4. Write or call to request a Claim Form.

    Ontario Administrative Segregation Class Action Notice Administrator
    c/o Epiq Class Action Services Canada
    Mail: PO Box 507 STN B, Ottawa ON K1P 5P6

    Phone: 1-833-290-4730

  5. You can ask for a copy of the Claim Form and pre-paid postage return envelope from your Probation and Parole Office in Ontario.

 

Who is Class Counsel and how do I get more information?

 

The Court has appointed Koskie Minsky LLP to represent you and other Class Members as “Class Counsel.” You will not be personally charged for the services of these lawyers. If you want to be represented by another lawyer, you may hire one at your own expense.

 

You can contact Koskie Minsky LLP at ontarioadminsegclassaction@kmlaw.ca or by phone 1-844-819-8527 (toll free).

 

You can also get more information by calling toll free at 1-833-290-4730, or writing to: Ontario Segregation Class Action, c/o Epiq Class Action Services Canada Inc., P.O. Box 507 STN B, Ottawa ON K1P 5P6, or by email at: info@ontarioadministrativesegregation.ca.

 

 

Address

Need Help?

a