Ontario Youth Segregation Class Action

In a class action, one or more people called “Representative Plaintiffs” sue on behalf of people who have similar claims. All of the people who have similar claims are called a “Class” or “Class Members.” The court resolves the issues for everyone affected, except for those who excluded themselves from the lawsuit by opting out or who are otherwise excluded as defined in the settlement.

2. What is this class action about?

The class action seeks damages and other relief on behalf of those who, while under the age of 18, were held in a Youth Justice Facility and were isolated for longer than 6 consecutive hours.

This class action is known as: C.S. v. Ontario before the Ontario Superior Court of Justice.

A Settlement Agreement was approved by the Ontario Superior Court of Justice on October 14, 2021, following a Settlement Approval Hearing held the same day on October 14, 2021.

The period for making a claim for compensation under the Settlement ended on August 26, 2022. The only way to receive money from the Settlement was to submit a completed Claim Form and all required supporting documentation to the Claims Administrator by no later than August 26, 2022.

A copy of the Settlement Agreement and other related documentation is available by clicking here.

3. Why did I receive a Notice?

The Notice you received summarizes the Ontario Youth Segregation Class Action Settlement and explains how to make a claim for compensation from the Settlement.

A Settlement Agreement was approved by the Ontario Superior Court of Justice on October 14, 2021, following a Settlement Approval Hearing held the same day on October 14, 2021.

There was a process for making claims for compensation according to the Settlement Agreement. The period for making a claim for compensation under the Settlement ended on August 26, 2022. The only way to receive money from the Settlement was to submit a completed Claim Form and all required supporting documentation to the Claims Administrator by no later than August 26, 2022.

Class Members are all persons who, while under the age of 18, were placed in segregation for more than 6 hours between April 1, 2004 and December 17, 2018 at the following Ontario Youth Justice Facilities:

Bluewater Youth Centre,
Brookside Youth Centre;
Cecil Facer Youth Centre;
Donald Doucet Youth Centre;
Invictus Youth Centre;
Justice Ronald Lester Youth Centre;
Roy McMurtry Youth Centre;
Sprucedale Youth Centre;
Toronto Youth Assessment Centre.

The Settlement does not include (i) individuals who were segregated by reason of lock-down at a Youth Justice Facility; or (ii) the routine locking of youth in their rooms as authorized by statute.

The Settlement only covers the period between April 1, 2004 and December 17, 2018.

You are excluded from this Settlement if you previously and validly opted out of this class action in writing; or, if you previously settled a claim against the Province of Ontario or executed a release in favour of the Province of Ontario in relation to any matters that are the subject of this class action.

4. Why is there a Settlement?

By agreeing to the Settlement, the Representative Plaintiff, Class Members, and the Province of Ontario avoid the costs and risks of a trial and delays in obtaining a judgment. In particular, the Settlement Agreement provides money for eligible Class Members. Proceeding to trial without the Settlement Agreement would have left open the risk that the lawsuit would be unsuccessful and that no compensation would be available to any Class Member.

In this case, the Settlement also means that Class Members will NOT be required to testify in court.

5. Has the settlement been approved?

The Settlement Agreement was approved on October 14, 2021, by the Ontario Superior Court of Justice following a Settlement Approval Hearing held the same day on October 14, 2021.

The period to make a claim for compensation under the Settlement ended on August 26, 2022.

The only way to receive money from the Settlement was to submit a completed Claim Form and all required supporting documentation to the Claims Administrator no later than August 26, 2022.

6. Who is included in the Settlement?

The Settlement includes all persons who, while under the age of 18, were placed in segregation for more than 6 hours between April 1, 2004 and December 17, 2018 at the following Ontario Youth Justice Facilities:

Bluewater Youth Centre,
Brookside Youth Centre;
Cecil Facer Youth Centre;
Donald Doucet Youth Centre;
Invictus Youth Centre;
Justice Ronald Lester Youth Centre;
Roy McMurtry Youth Centre;
Sprucedale Youth Centre;
Toronto Youth Assessment Centre.

The settlement does not include (i) individuals who were segregated by reason of lock-down at a Youth Justice Facility; or (ii) the routine locking of youth in their rooms as authorized by statute.

You may only make a claim for compensation if you were isolated or segregated at one of the

above facilities during the relevant time period.

You are excluded from this settlement if you previously and validly opted out of this Action in writing; or, if you previously settled a claim against the Province of Ontario or executed a release in favour of the Province of Ontario in relation to any matters that are the subject of this Action.

7. What if I’m not sure whether I’m included in the lawsuit or Settlement?

There are people who can help you understand your legal rights and next steps. If you are not sure whether you are included in the Settlement, you may call Class Counsel, the law firms of Koskie Minsky LLP and Strosberg Sasso Sutts LLP. You will not be charged for contacting these lawyers.

Class Counsel can be reached by telephone at: 1-844-819-8501 or 1-866-229-5323, ext. 296.

8. What does the Settlement provide?

The Settlement Agreement was approved on October 14, 2021, by the Ontario Superior Court of Justice following a Settlement Approval Hearing held the same day on October 14, 2021.

The Province of Ontario agreed to offer money to Class Members who were held in Youth Segregation for more than 6 consecutive hours.

The amount of compensation Class Members could receive will depend on how long they spent in Youth Segregation and the circumstances surrounding their placement.

The period for making a claim for compensation under the Settlement ended on August 26, 2022. The only way to receive money from the Settlement was to submit a completed Claim Form and all required supporting documentation to the Claims Administrator by no later than August 26, 2022.

9. How much money can I get?

The amounts of money that individual Class Members may be eligible to receive under the Settlement for approved Claims is set out below.

PLEASE NOTE: The amount of compensation Class Members could receive will depend on how long they spent in Youth Segregation and the circumstances surrounding their placement. If there are insufficient funds in the Settlement Fund to pay all Approved Claims in full, the amounts payable for Approved Claims will be adjusted downward such that each Approved Claim receives a proportionate share of the Settlement Fund.

10. How do I submit a claim?

In order to submit a claim for money, you must have submitted a completed Claim Form, and all required supporting documentation, to the Claims Administrator no later than August 26, 2022.

11. What is the process for Class Members to receive their benefit(s)?

In order to submit a claim for money, you must have submitted a completed Claim Form, and all required supporting documentation to the Claims Administrator no later than August 26, 2022.

The process for Class Members to receive their benefit(s) involves the following steps:

Class Members must have submitted a Claim Form to the Claims Administrator no later than August 26, 2022.
The Claim Form contains certain information about the Class Member’s time in Youth Segregation. The Claim Form will require a Claimant to sign and declare that information is correct based on knowledge and belief.
The Class Member will be required to give their consent to allow for their relevant Youth Records to be obtained. The Class Member will be able to give their consent along with the Claim Form.
The parties will obtain the Class Member's Youth Records that are relevant to their time spent in Youth Segregation. Permission must be provided to obtain a Court Order from a judge of the Youth Justice Court to retrieve the Youth Records.
The Claims Administrator will determine whether the Class Member is eligible to participate in the claims process.
For Category 1 Claims, the Claims Administrator will determine whether the Class Member was in Youth Segregation for more than 6 and up to 72 consecutive hours. If the Class Member satisfies this requirement, the Claims Administrator will issue a payment to the Class Member if that Class Member affirms that they were placed in Youth Segregation for reasons other than an immediate likelihood to cause serious property damage or to cause another person serious bodily harm, or if the Class Member was "overheld".
For Category 2, Category 3 and Category 4 Claims, the Claims Administrator will transfer the Class Member's Youth Records to a retired Superior Court of Justice judge. The retired judge will review the events described in the Claimant's Claim Form and will also review the available Youth Records. The retired judge will determine whether the Class Member was appropriately placed in Youth Segregation due to immediate likelihood to cause serious property damage or to cause another person serious bodily harm, whether the Class Member was "overheld", and will assess whether the Youth Records are inadequate to justify placement.
The Claims Administrator will advise each Class Member of whether their Claims were approved or denied.
At the end of the claims period, after all Claims have been determined, the Claims Administrator will pay compensation for approved Claims to Class Members.

12. What documentation must I submit with the Claim Form?

To submit a claim for money under the Settlement, you will need to provide the following information and supporting documents:

Identity Document: You will need to provide a document that proves your identity and date of birth (e.g., birth certificate, driver’s license, passport, or other official Government-issued identification).
Claim Form: You will need to provide a written statement that describes the events surrounding each placement in Youth Segregation and the justification for each placement, as told to you at the time. You will also have to describe how long you were kept in Youth Segregation and how many times you were placed in Youth Segregation.
Consent: You will need to read and sign the Consent included with the Claim Form to give permission for your relevant Youth Records to be obtained in relation to your Claim Form.

The Claim Form provides instructions as to what supporting documentation is required in respect of each compensation Category. Please read the Claim Form carefully to understand what documentation is required and keep a copy of your Claim Form and Consent for your records once completed.

13. Can I submit more than one Youth Segregation claim?

You can submit more than one Claim if you experienced more than one Youth Segregation placement. You cannot submit more than one Claim for each Youth Segregation placement.

If more than one Claim Form and Consent is submitted in respect of the same Youth Segregation placement, the Claims Administrator or the Claims Adjudicator will treat all such Claim Forms and Consents as one Claim.

If a Claim Form and Consent makes reference to more than one Youth Segregation placement, then the Claims Administrator or the Claims Adjudicator will treat the Claim Form and Consent as containing multiple Claims without the need for you to submit separate Claim Forms and Consents for each placement.

14. What if I miss the deadline to claim?

All Claim Forms and all required supporting documentation must have been submitted to the Claims Administrator no later than August 26, 2022. After that date, it will be too late for your claim to be considered and you will lose your right to get money.

15. Who will be told about what I'm writing in my claim?

All information you submit is confidential and will only be used for the claims process.

16. Can I get help with my Claim Form?

Yes. Your support person or anyone else you trust can help you fill in the form. If you have a legal guardian, they can make a claim on your behalf. Alternatively, you can contact Class Counsel for help with the Claim Form.

Class Counsel's contact information is:

Koskie Minsky LLP

20 Queen St. West, Suite 900 Box 52

Toronto, ON

M5H 3R3

Email: youthconfinementclassaction@kmlaw.ca

Toll-Free Tel: 1-844-819-8501

Strosberg Sasso Sutts LLP

1561 Ouellette Avenue

Windsor, ON

N8X 1K5

Email: youthconfinement@strosbergco.com

Toll-Free Tel: 1-866-229-5323, ext. 296

Click here for more information about how to file a claim.

17. How do the Claims Administrator and Claims Adjudicator make decisions about my claim?

The Claims Administrator will first review your Claim Form to ensure you are eligible and to confirm that you meet the requirements of the claims process. If you make a Category 1 claim (for a Youth Segregation placement lasting between 6-72 hours), the Claims Administrator will decide whether to award you compensation based on its assessment of your Claim Form, Supporting Documentation, and Youth Records.

If you make a claim under Categories 2-4, the Claims Adjudicator will decide whether to award you compensation based on his assessment of your Claim Form, Supporting Documentation, and Youth Records.

The Defendant may review your file and submit your Youth Records to the Claims Administrator's office for the purpose of determining eligibility.

We encourage you to provide as much detail and information as you remember in relation to the Youth Segregation placements you experienced. It is okay if you do not remember details but provide as much information as you can.

18. As a Representative, what documentation must I submit to prove that I have authority to act on behalf of a Class Member?

If you are submitting a claim on behalf of a Class Member other than yourself, you must provide a document verifying that you have legal authority to act on behalf of the Class Member or the Class Member's estate in respect of their financial affairs.

Some common types of documents that fulfill this requirement include the following:

Power of Attorney for Property; or
Court approved Guardianship; or
Certificate of Appointment of Estate Trustee.

If you are unsure about what the documents to include, you may contact the Claims Administrator.

19. As a Representative, what documentation must I submit if the Class Member is deceased?

If you are submitting a claim on behalf of a Class Member’s Estate, you must provide a document verifying that you have legal authority to act on behalf of the Class Member's estate.

Documents that fulfill this requirement include the following:

a copy of the Death Certificate and;
a copy of the Last Will.

Please note that these documents are required for any person claiming on behalf of a Class Member’s estate. However, if you do not have a Death Certificate and/or Last Will, alternatively, you could provide the Claims Administrator with a Certificate of Appointment of Estate Trustee.

If you are unsure about what the documents to include, you may contact the Claims Administrator.

20. When do I get the money?

You must have sent in your Claim Form, and all required supporting documentation to the Claims Administrator by no later than August 26, 2022. The Claims Administrator or the Claims Adjudicator will make decisions on your claims and determine if you will receive compensation. All compensation for claims will be paid by cheque to the Class Member who made the claim or to their legal guardian.

Please note that decisions need to be made on all Claims before any money is paid to Class Members. This may take many months.

21. Is my Ontario social assistance affected by money I receive from the Settlement?

The money you may receive under the Settlement Agreement is for pain and suffering. If you receive social assistance from Ontario (including Ontario Works (OW) or Ontario Disability Support Program (ODSP)), you should get advice from your local community legal clinic about how to report any money you receive under the Settlement Agreement.

22. If I am eligible and receive money from the Settlement, how do I show this money in my income tax? Do I pay tax on it?

The money you may receive under the Settlement Agreement is for pain and suffering. There should be no tax on money for pain and suffering. You should indicate in your income taxes that the money is for pain and suffering.

23. How will the lawyers be paid?

At the hearing to approve the Settlement Agreement, the lawyers representing the Representative Plaintiff and the Class Members asked the Ontario Superior Court of Justice to approve legal fees and disbursements in the amount of $4,071,900, plus HST. The Court determined that this amount was fair and reasonable. This amount was subtracted from the amount paid by Ontario to settle the lawsuit.

No Class Member has to pay any money directly to Class Counsel in order to take part in the claims process.

24. Who are the lawyers for the Representative Plaintiff and the Class Members?

The law firms representing all Class Members are listed below. You will not be charged for contacting these lawyers.

Koskie Minsky LLP

20 Queen St. West, Suite 900 Box 52

Toronto, ON

M5H 3R3

Email: youthconfinementclassaction@kmlaw.ca

Toll-Free Tel: 1-844-819-8501

Strosberg Sasso Sutts LLP

1561 Ouellette Avenue

Windsor, ON

N8X 1K5

Email: youthconfinement@strosbergco.com

Toll-Free Tel: 1-866-229-5323, ext. 296

25. How can I express support for, or object to, the Settlement?

The deadline for submitting an objection to the Settlement or a statement of support was October 7, 2021.

On October 14, 2021, Superior Court of Justice approved the Settlement. It is no longer possible to object to the Settlement.

26. What if I do nothing?

If you do nothing, and do not submit a Claim, you will not receive any money from the Settlement Agreement. If you qualify as a Class Member, you are bound by the Settlement Agreement. This means you will no longer have the right to sue the Province of Ontario, or any party released by the approved Settlement for the kinds of things alleged by the representative plaintiff in the Class Action.

27. Can I dispute a decision on my claims?

All of the Claims Administrator’s and Claims Adjudicator’s determinations are Final. The Claims Administrator and Claims Adjudicator will not give reasons in respect of any decision each of them may make.

28. How do I get more information?

This page summarizes the Settlement. More details are in the Settlement Agreement. You can get a copy of the agreement here.

You can also obtain more information about this class action by contacting the Administrator:

Epiq Class Action Services Canada Inc.

Attention: Ontario Youth Segregation Class Action Administrator

PO Box 507 STN B

Ottawa, ON

K1P 5P6

Email: info@youthsegregationclassaction.ca

Toll-Free Tel: 1-833-430-7538

Fax: 1-866-262-0816

You may contact Class Counsel concerning the Settlement at no cost to you. You can send your questions to:

Koskie Minsky LLP

20 Queen St. West, Suite 900 Box 52

Toronto, ON

M5H 3R3

Email: youthconfinementclassaction@kmlaw.ca

Toll-Free Tel: 1-844-819-8501

Strosberg Sasso Sutts LLP

1561 Ouellette Avenue

Windsor, ON

N8X 1K5

Email: youthconfinement@strosbergco.com

Toll-Free Tel: 1-866-229-5323, ext. 29

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