Schedule 1 Facilities Class Action

1. Why did I receive this notice?

 

You got this notice because you likely lived at one or more of the 12 institutions in the lawsuit. Please review the list of institutions under #4 below. If you lived somewhere on the list, check the dates beside the name of the place where you lived.  If you lived there between those dates, then you are part of the lawsuit.

 

2. Why is this a class action?

 

A class action is a type of lawsuit.  This lawsuit is a class action.

Lawsuits start when someone makes a claim in court. In a class action, a few people start a lawsuit for a large group.  The lawsuit is called Clegg v. Ontario.  People who start a lawsuit are called Plaintiffs. A lawsuit is against a Defendant.

 

3. What is this lawsuit about?

 

There was a lawsuit about the 12 institutions. The government of Ontario was in charge of the 12 institutions. Some people were harmed at the institutions, or places the institutions put them, and they say it was because the government did not protect them.

 

This lawsuit is not about the Huronia Regional Centre, Rideau Regional Centre or Southwestern Regional Centre. If you got money because you were harmed at Huronia, Rideau or Southwestern Regional Centres, you can still get money in this case if you were harmed at any of the 12 institutions.  You are in the class, unless you:

 

 

 

4. Which Schedule 1 Facilities are included in the Class Action?

 

 

5. Who is a member of the settlement?

 

You are part of the settlement if you lived at one or more of the above institutions between the listed years.

 

The settlement is also for estates of people who died after June 16, 2012.

 

6. Can I get out of the settlement now

 

No. It is too late to get out of the settlement. The deadline has already passed. You had to get out by April 15, 2016.

 

If you got out before the deadline, then you cannot ask for money from the settlement.

 

 

7. Do I have a lawyer in the case?

 

Yes. The Court has appointed Koskie Minsky LLP from Toronto to represent you and other Class Members as "Class Counsel." You will not be charged for these lawyers.

 

Koskie Minsky, LLP

20 Queen Street West

Toronto, ON

M5H 3R3

 

Toll Free Hotline: 1-888-723-4304

 

Email - institutionalabuse@kmlaw.ca

 

If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense.

 

8. How will Class Counsel be paid?

 

Koskie Minsky LLP agreed that it would only be paid if there was a settlement or a successful judgment. Koskie Minsky LLP will seek the court's approval of its legal fees of$3.7 million plus $481,000 for taxes. All payments to the class members will come from the settlement, after payment of the legal fees, tax and a mandatory payment to the Class Proceedings Fund of $2.9 million. The Court will decide the amount of payment to be paid out of the settlement funds.

 

9. How much will my payment be?

 

The amount of your payment will depend on the level of harm you suffered.

 

Class Members who file a valid claim that states in the claim form that they were harmed while living at one or more of the Institutions between the time periods in this lawsuit, but do not provide further details of the harm they suffered, should receive up to $2,000 for each Institution at which they suffered harm, depending on the number of people who submit claims on the same basis. Anybody may assist a class member in completing their claim. Claims that provide more information about the harm suffered will be entitled to more compensation depending on the type of harm. Such claimants can receive up to a maximum of $42,000 depending on the number of people who submit claims and the harm they suffered. The Claims Administrator will determine the amount of compensation provided to claimants based on categories of harm set out in the Settlement Agreement.

 

10. How can I ask for money from the settlement?

 

You must fill in a claim form and send it to the claims office. You can get the form at www.schedule1facilities.ca. You can also call 1-866-442-4465 and ask for the form. TTY users can call 1-877-627-7017. The form does provide instructions. Please read them carefully and ask for help if you do not understand. Then fill in the form and send it to the claims office.

 

The deadline to submit the claim form has been extended and is now April 28, 2017.

 

Under the settlement, class members had until February 28, 2017, to apply for compensation.  This deadline has been extend to April 28, 2017 to allow class members more time to make claims. You will need to fill out a claim form and send it to the Administrator by April 28, 2017.

 

Forms can be sent by mail, fax or email to:

 

Schedule 1 Class Action Administrator

3-505 133 Weber Street North

Waterloo, Ontario

N2J 3G9

 

Fax: 1-888-842-1332

 

Email: schedule1facilities@crawco.ca

 

If you mail your form Canada Post will stamp the mailing date on the envelope. The date must not be after April 28, 2017.

 

If you fax or email your form it must be received by the Administrator before 11:59PM (EST) on April 28, 2017.

 

11. Should I send in any other documents with the Claim Form?

 

You should send any letters, papers or photos about abuse with your form. These could be papers from doctors, counselors, family, friends, support people or anyone else who knows what happened to you.

 

12. When do I get the money?

 

You must send in your form by April 28, 2017. The claims office will look at your form to decide whether to pay you. If the office decides to pay you, the money will come in a cheque.

 

13. Can I get help with my Claim Form?

 

Yes. A family member, support person or anyone else can fill in the claim form for you. You can also call for help at 1-866-442-4465 (TTY users can call 1-877-627-7027).

 

There will also be workshops for help with the forms, the workshops will be held at the following locations:

 

CityDateHoursLocationAddressPicton(Cherry Valley)September 21, 20169:00 AM - 6:00 PMAthol Town Hall1685 County Road 10,Cherry Valley, Ontario K0K 1P0BowmanvilleSeptember 26, 20169:00 AM - 6:00 PMGarnet B. Rickard Recreation Complex2440 Highway 2,Bowmanville, Ontario L1C 0K6BrockvilleSeptember 19, 20169:00 AM - 6:00 PMHoliday Inn Express & Suites Brockville7815 Kent Boulevard,Brockville, Ontario K6V 6N7GravenhurstAugust 8, 20169:00 AM - 6:00 PMGravenhurst Centennial Centre101 Centennial Drive,Gravenhurst, Ontario P1P 1B7KingstonSeptember 20, 20169:00 AM - 6:00 PMRamada Kingston Hotel and Conference Centre33 Benson Street,Kingston, Ontario K7K 5W2NewmarketAugust 9, 20169:00 AM - 6:00 PMHoliday Inn Express & Suites Newmarket100 Pony Drive,Newmarket, Ontario L3Y 7B6Thunder BayOctober 3, 20169:00 AM - 6:00 PMVictoria Inn Hotel and Convention Centre555 Arthur Street West,Thunder Bay, Ontario P7E 5R5Toronto(North York)September 27, 20169:00 AM - 6:00 PMHoliday Inn Toronto – Yorkdale3450 Dufferin Street,Toronto, Ontario M6A 2V1WinghamAugust 30, 20169:00 AM - 6:00 PMWingham Columbus Centre99 Kerr Drive,Wingham, Ontario N0G 2W0WoodstockAugust 18, 20169:00 AM - 6:00 PMHoliday Inn Express & Suites Woodstock510 Norwich Avenue,Woodstock, Ontario N4S 3W5

 

14. What if the claims office says I cannot get any money?

 

If the claims office decides you cannot get any money, they will send you a letter or email. You can add more information to your claim Form and ask the claims office to look at it again. But you must send the form in right away because there is a deadline. Check the date on the letter or email from the claims office. You must ask within 21 days of that date.

 

15. What if I do not get enough money?

 

The claims office will decide how much money to send you. They decide based on the rules of the settlement. After you send in your form, you cannot argue about the amount of money therefore it is strongly suggested to write as much as possible in your form.

 

16. How can I request a copy of my resident files?

 

The tentative settlement agreement allows people to make claims without a personal resident file, but a resident file may help people in making a claim. If you want to get a copy of your resident file from when you lived at one of the institutions please contact:

 

Access and Privacy Office

Ministry of Community and Social Services

PO Box 978

77 Wellesley Street West

Toronto ON M7A 1N3

Toll free: 1-855-376-9886

AccessandPrivacyOffice.mcss@ontario.ca

 

17. How do I get more information?

 

You can get more information by calling toll free 1-866-442-4465, TTY users can call 1-877-627-7017, emailing schedule1facilities@crawco.ca or by writing to:

 

Schedule 1 Class Action Administrator

3-505 133 Weber Street North

Waterloo, Ontario

N2J 3G9

 

18. Is there a way for me to contact someone if I have questions and am deaf, hard of hearing, or speech-impaired?

 

Yes.  A TTY line has been set up that you can call to communicate your questions. The number is 1-877-627-7027.