Crown Ward Class Action - Long Form Notice

WERE YOU A CROWN WARD AT ANY TIME FROM
JANUARY 1, 1966 UNTIL MARCH 30, 2017?
If YES, A Class Action May Affect Your Rights.

A court authorized this notice. You are not being sued.
 You could be affected by a class action against the Province of Ontario.
 The Court has not decided whether the Province of Ontario did anything
wrong, and there still has to be a court case about whether the Province of
Ontario did anything wrong. There is no money available now in respect of
this action and no guarantee there will ever be any money. However, your
rights are affected, and you have a choice to make now. This notice is to
help you make that choice.
YOUR LEGAL RIGHTS AND OPTIONS AT THIS STAGE

Stay in this lawsuit and wait for the outcome. Share
in possible benefits from the outcome but give up
certain individual rights.
DO NOTHING By doing nothing, you keep the possibility of getting

money or other benefits that may come from a trial or
settlement. But, you give up any rights to sue the
Province of Ontario on your own about the same legal
claims in this lawsuit.
Get out of this lawsuit and get no benefits from it.

Keep rights.
REMOVE YOURSELF If you ask to be removed (opt out) and money or
(OPT OUT) benefits are later awarded, you won’t share in those.
But, you keep any rights to sue the Province of Ontario
on your own about the same legal claims in this lawsuit.
 Lawyers must prove the claims against the Province of Ontario at a trial or a
settlement must be agreed. If money or benefits are obtained you will be
notified about how to ask for your share.
 Your options are explained in this notice. To be removed from the lawsuit,
you must ask to be removed by March 11, 2018.
 This lawsuit does not impact your ability to seek compensation now from
the Criminal Injuries Compensation Board or from any other person other
than the Province of Ontario.
WHAT THIS NOTICE CONTAINS
BASIC INFORMATION………………………………………………Pages 4-5

1. Why was this notice issued?
2. What is this lawsuit about?
3. Why is this a class action?
4. Who is a member of the Class?
5. What is the Plaintiff asking for?
6. Is there any money available now?
YOUR RIGHTS AND OPTIONS.........................................................Page 5

7. What happens if I do nothing?
8. What if I don’t want to be in the Class?
THE LAWYERS REPRESENTING YOU............................................Page 6

9. Do I have a lawyer in the case?
10. How will the lawyers be paid?
A TRIAL………………………………........…………….........................Page 6
11. How and when will the Court decide who is right?
12. Will I get money after the trial?
GETTING MORE INFORMATION .....................................................Page 7

13. How do I get more information?
BASIC INFORMATION
1. Why is there a notice?
This lawsuit has been “certified” as a class action. This means that the lawsuit
meets the requirements for a class action and may proceed to trial. If you are
included, you may have legal rights and options before the Court decides whether
the claims being made against the Province of Ontario on your behalf are correct.
This notice explains all of these things.
A judge of the Ontario Superior Court of Justice is currently overseeing this case.
The case is known as Grann v. The Queen (Ontario) (Court File No. CV-14-0018).
The people who sued are called the Plaintiffs. The Province of Ontario is the
Defendant.
2. What is this lawsuit about?
The lawsuit says that the Province of Ontario failed to protect the legal rights of
persons who were alive as of January 22, 2012, who were Crown wards at any time
from the period on or after January 1, 1966, until March 30, 2017 and caused other
harm. The Court has not decided whether the Plaintiffs or the Province of Ontario
is right. The lawyers for the Plaintiffs will have to prove their claims in Court.
If you are having a difficult time dealing with these issues you can call 1 (877)
739-8936 (TTY: 1 (877) 627-7027) for assistance.
3. Why is this a class action?
In a class action people called the “representative plaintiffs” (in this case, Toni
Grann, Robert Mitchell, Loraine Evans and Dale Gyselinck) sued on behalf of
people who have similar claims. All of these people are a “class” or “class
members.” The court resolves the issues for all class members in one case, except
for those who remove themselves from the class.
4. Who is a member of the Class?

The Class includes: All persons who were alive as of January 22, 2012 who were
Crown wards at any time on or after January 1, 1966 until March 30, 2017.
4
5. What are the Plaintiffs asking for?
The Plaintiffs are asking for money or other benefits for the Class. They are also
asking for lawyers' fees and costs.
6. Is there any money available now?
No money or benefits are available now because the Court has not yet decided
whether the Province of Ontario did anything wrong, and the two sides have not
settled the case. There is no guarantee that money or benefits will ever be
obtained. If they are, you will be notified about how to ask for your share. This
lawsuit does not impact your ability to seek compensation now from the Criminal
Injuries Compensation Board or from any other person other than the Province of
Ontario.
YOUR RIGHTS AND OPTIONS
You must decide whether to stay in the Class or whether to remove yourself before
a possible trial, and you have to decide this by March 11, 2018.
7. How do I include myself in the lawsuit?
If you do nothing, you will automatically remain in the lawsuit. You will be
bound by all Court orders, good or bad. If any benefit is awarded, you may need to
take action in order to receive any benefits.
8. How do I exclude myself from the lawsuit?
If you want to exclude yourself from the lawsuit, you must send a letter to the
address below, postmarked no later than March 11, 2018, that says you want to be
excluded from the class action Grann v. The Queen (Ontario). Include your name,
address, telephone number, and signature. You can also get an Opt Out Form at
https://kmlaw.ca/cases/crown-ward-class-action/. You must mail your exclusion
request or Opt Out Form postmarked by March 11, 2018 to: GCG, 3-505, 133
Weber St. N., Waterloo, ON N2J 3G9, or send a written request by email or
facsimile to [email protected] and 1 (888) 842-1332 . Call 1 (877) 739-8936
(TTY: 1 (877) 627-7027) if you have any questions about how to get out of the
Class.
THE LAWYERS REPRESENTING YOU
10. Do I have a lawyer in the case?
Yes. The Court has appointed Koskie Minsky LLP from Toronto and Watkins
Law P.C. from Thunder Bay to represent you and other Class Members as “Class
Counsel.” You will not be charged for these lawyers. If you want to be represented
by another lawyer, you may hire one to appear in Court for you at your own
expense.
11. How will the lawyers be paid?
Class Counsel will only be paid if they win a trial or if there is a settlement. The
Court has to also approve their request to be paid. The fees and expenses could be
deducted from any money obtained for the Class, or paid separately by the
defendant.
A TRIAL
12. How and when will the Court decide who is right?
If the lawsuit is not dismissed or settled, the Plaintiffs will have to prove their
claims at a trial that will take place in the Province of Ontario. During the trial, a
court will hear all of the evidence, so that a decision can be reached about whether
the Plaintiffs or the Province of Ontario is right about the claims in the lawsuit.
There is no guarantee that the Plaintiffs will win any money or benefits for the
Class.
13. Will I get money after the trial?
If the Plaintiffs obtain money or benefits as a result of a trial or settlement, you will
be notified about how to ask for a share or what your other options are at that time.
These things are not known right now. Important information about the case will
be posted on the website, https://kmlaw.ca/cases/crown-ward-class-action/, as it
becomes available.
6
GETTING MORE INFORMATION
14. How do I get more information?
You can get more information at https://kmlaw.ca/cases/crown-ward-class-action/,

by calling toll free at 1 (877) 739-8936 (TTY: 1 (877) 627-7027), or writing to:
GCG, 3-505, 133 Weber St. N., Waterloo, ON N2J 3G9, or by email at:
[email protected].

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WERE YOU A CROWN WARD AT ANY TIME FROM

JANUARY 1, 1966 UNTIL MARCH 30, 2017?

If YES, A Class Action May Affect Your Rights.

 You could be affected by a class action against the Province of Ontario.

YOUR LEGAL RIGHTS AND OPTIONS AT THIS STAGE

DO NOTHING By doing nothing, you keep the possibility of getting

Get out of this lawsuit and get no benefits from it.

BASIC INFORMATION………………………………………………Pages 4-5

YOUR RIGHTS AND OPTIONS.........................................................Page 5

THE LAWYERS REPRESENTING YOU............................................Page 6

GETTING MORE INFORMATION .....................................................Page 7

1. Why is there a notice?

2. What is this lawsuit about?

3. Why is this a class action?

4. Who is a member of the Class?

6. Is there any money available now?

YOUR RIGHTS AND OPTIONS

7. How do I include myself in the lawsuit?

8. How do I exclude myself from the lawsuit?

10. Do I have a lawyer in the case?

11. How will the lawyers be paid?

13. Will I get money after the trial?

14. How do I get more information?

You can get more information at https://kmlaw.ca/cases/crown-ward-class-action/,

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