Ontario Administrative Segregation

Important Dates

 

 

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

Pre-2018 Class

 

Object
The deadline to Object the proposed protocol is
September 16, 2022.

 

Do Nothing

Do nothing at this time if you agree with the proposed protocol.

 

Post-2018 Class

 

Opt-Out

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

 

If you wish to participate in the Class Action, do NOT opt out.

 

Object

The deadline to Object the proposed protocol and Settlement is September 16, 2022.

 

Do Nothing

Do nothing at this time if you wish to participate in the Class Action and agree with the proposed protocol and Settlement.

Were you placed in Administrative Segregation in an Ontario Correctional Institution between January 1, 2009 and August 18, 2021?

 

If so, you could be affected by one of two class action lawsuits.

 

The Ontario Superior Court of Justice decided that two class actions, brought on behalf two groups of people called “classes”, can go forward. The Court has already decided that Ontario should pay aggregate damages in one lawsuit, and Ontario has agreed to settle aggregate damages in the second lawsuit. The parties have proposed a plan, called the “Protocol”, for distributing the aggregate damages and allowing class members to make claims for additional damages.

 

Before class members can submit claims for damages, the Court must first decide whether to approve a proposed Settlement in the second lawsuit and whether to approve the proposed Protocol for claiming money in both lawsuits. The Court will decide these issues at a hearing at a date to be scheduled.

 

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

 

For additional information, please read the Long-Form Certification Notice available here.

Important Deadlines:

 

  • Opt Out Deadline: Members of the Post-2018 Class who wish to opt out must do so by September 16, 2022.
  • Objection Deadline: Members of the Post-2018 Class who wish to object to the Settlement or Protocol must do so by September 16, 2022.
  • Objection Deadline: Members of the Pre-2018 Class who wish to object to the Protocol must do so by September 16, 2022.
  • Settlement and Protocol Approval Hearing: The Court will decide whether to approve the Protocol and the Settlement at hearing at a date to be scheduled.

 

Who is included in the Class?

 

You may be a member of the Pre-2018 Class if:You were placed in Administrative Segregation in an Ontario Correctional Institution, AND
You did not already opt out of the Francis v Ontario class action, AND
Your placement was any time between January 1, 2009 and September 18, 2018, ANDYour placement was for 15 or more consecutive days (“Prolonged Class Member”), OR Your placement was for any length of time, ANDYou were diagnosed by a medical doctor before or during your incarceration with at least one of the listed mental disorders, ANDYou suffered from your mental disorder in the manner described in Appendix A  AND you reported your diagnosis and suffering to Ontario before or during your administrative segregation (“SMI Class Member”)
You may be a member of the Post-2018 Class if:You were placed in Administrative Segregation in an Ontario Correctional Institution, ANDYour placement was sometime between September 19, 2018 and August 18, 2021, ANDYour placement was for 15 or more consecutive days (“Prolonged Class Member”), OR Your placement was for any length of time, ANDYou were diagnosed by a medical doctor before or during your incarceration with at least one of the listed  mental disorders, ANDYou suffered from your mental disorder in the manner described in Appendix A AND you 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: At a date to be scheduled, the Court will determine whether to approve a plan for distributing money owed to eligible class members, and describing how certain class members can make claims for more money (the “Protocol”). Your rights to support or to object to this Protocol are described in more detail in the Long Form Notice available here or in the FAQ.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, and if the Protocol is approved, you may be able to submit a claim for a share of aggregate damages and/or additional money under the Protocol at a later date. Your rights to support or to object to this Protocol are described in more detail in the Long Form Notice available here or in the FAQ.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 object to the Protocol, and you may deliver a Track 3 claim at a later date if the Protocol is approved. Your rights to support or to object to this Protocol are described in more detail in the Long Form Notice available here or in the FAQ.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 be determined under the Protocol. If the Settlement and Protocol is approved by the Court, 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 Protocol. Both Prolonged and SMI Class Members will also be able to make claims for money under the Protocol. Your rights to opt out of the Post-2018 Class, to support or to object to the Settlement or Protocol are described in more detail in the Long Form Notice available here or in the FAQ.

 

 

What are my options right now?

If you are a member of either the Pre-2018 Class or the Post-2018 ClassDo Nothing If you support the proposed Protocol for distributing money owed to class members and/or allowing class members to make a claim for additional money, you do not have to do anything right now. If the Court approves the Protocol at a date to be scheduled, you will be able to make a claim at a later date for the money that you are entitled to. If you do nothing, you will give up any right to object to the Protocol.Object to proposed Protocol If you do not support the proposed Protocol for distributing money owed to class members and/or allowing class members to make a claim for additional money, you can voice your objection by submitting an Objection Form. Your Objection Form must contain certain things, like your name, address, and the reasons why you object to the Protocol. You can read more about objections on Page 10 below.  If you want to object, you must send your Objection Form to Class Counsel by mail to Koskie Minsky LLP, 20 Queen St. West, Suite 900, Box 52, Toronto, ON  M5H 3R3, or by email to ontarioadminsegclassaction@kmlaw.ca. Your objection must be received or postmarked no later than September 16, 2022.If you are a member of the Post-2018 ClassDo Nothing If you support the proposed Settlement and the Protocol, you do not need to do anything right now. If the Court approves the Settlement and the Protocol, you will be able to make a claim at a later date for money that you may be entitled to. If you do nothing and stay in the class, you give up the right to sue Ontario or others in your own lawsuit in relation to your placement(s) in Administrative Segregation during this period.Opt Out You can decide to get out of this class action lawsuit and to get no money from it. If you opt out, you will keep your right to sue Ontario in your own lawsuit for your placement(s) in administrative segregation during this time period. If you opt out, you will not be able to collect any money or benefits from the Settlement or under the Protocol . To opt out, you must send the Opt Out Form by mail 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 to info@ontarioadministrativesegregation.ca no later than September 16, 2022. You can get a copy of the Opt Out Form at www.ontarioadministrativesegregation.ca, by emailing the Administrator at the email above, or by calling the Administrator at 1-833-290-4730.Object to proposed Settlement and/or Protocol If you do not support the proposed Settlement or Protocol, you can voice your concerns by submitting an Objection Form. Your Objection Form must contain certain things, like your name, address, and the reasons why you object to the Settlement or Protocol. You can read more about objections on Page 10 below.  If you want to object, you must send your Objection Form to Class Counsel by mail to Koskie Minsky LLP, 20 Queen St. West, Suite 900, Box 52, Toronto, ON  M5H 3R3, or by email to ontarioadminsegclassaction@kmlaw.ca. Your objection must be received or postmarked no later than September 16, 2022.

 

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

 

The Court has appointed Koskie Minsky LLP from Toronto 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 get more information at www.ontarioadministrativesegregation.ca, 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.

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