Q
Elgin-Middlesex Detention Centre (“EMDC”) Class Actions
Important Dates
Request Your Inmate File
You do Not need your Inmate File from the EMDC in order to make a Claim for any compensation level. Nevertheless, you can request a copy of the records from your placement(s) in the EMDC between October 10, 2011 and November 10, 2021 (specifically, a copy of the records from your institutional file and your health care file).
If you want to use a copy of your Inmate File to prepare your Claim, you must make a written request to the Claims Administrator by January 16, 2024.
Submit a Claim
The only way to receive any compensation from the Settlement is to submit a Claim.
The deadline to submit a Claim is October 16, 2024.
Click here for more information on how to submit a Claim.
1. What is this litigation about?
2. Who is the Notice of Settlement Approval for?
3. What is the purpose of the Notice of Settlement Approval?
4. Why did I receive the Notice of Settlement Approval?
5. Why is there a Settlement and has it been approved?
6. What is available under the Settlement?
7. How do I know if I am part of the Settlement?
8. Can everyone make a Claim in the Settlement?
9. How do I make a Claim for compensation under the Settlement?
10. Where can I get a Claim Form?
11. What is the deadline to submit a Claim?
12. What evidence do I need to prove my Claim?
13. Can I submit a Claim on behalf of someone else?
14. How do I get records from when I was incarcerated at the EMDC?
16. What if my Claim is found to be incomplete?
17. If my Claim is successful, when will I receive my compensation?
18. Who are the lawyers representing the Class and how are they paid?
19. Do I need a lawyer to make a Claim?
20. What if I don’t want to participate in the Settlement?
21. What happens if I do nothing at all?
22. Can I appeal the Claims Administrator’s or Referee’s decision?
23. How can I get more information?
1. What is this litigation about?
Johnson et al v His Majesty the King in right of Ontario (the “Johnson/Hayne Action”) and Sabourin v His Majesty the King in right of Ontario (the “Sabourin Action”) are certified class action lawsuits against His Majesty the King in right of Ontario (the “Defendant”) alleging (1) that the conditions at the EMDC are overcrowded, unsanitary, dangerous, and violent; and, (2) that in its operation and management of the EMDC, the Defendant was systemically negligent and deprived Class Members of their rights guaranteed by sections 7 and 12 of the Canadian Charter of Rights and Freedoms (the right to life, liberty and security of the person and the right not to be subjected to any cruel and unusual treatment or punishment).
Johnson/Hayne Action
Class Members
All persons incarcerated at the EMDC between January 1, 2010 and May 18, 2017, including those held pending trial or other court appearance
Sabourin Action
Class Members
All persons incarcerated at the EMDC between May 18, 2017 and November 10, 2021, including those held pending trial or other court appearance
Depending on when you were incarcerated at the EMDC, you may be a Class Member in one or both of the Johnson/Hayne and Sabourin Actions.
2. Who is the Notice of Settlement Approval for?
The Notice of Settlement Approval is for all persons who were incarcerated at the Elgin-Middlesex Detention Centre (“EMDC”) between January 1, 2010 and November 10, 2021, including those held pending trial or other court appearance (“Class Members”).
3. What is the purpose of the Notice of Settlement Approval?
The purpose of the Notice of Settlement Approval is:
4. Why did I receive the Notice of Settlement Approval?
You received the Notice of Settlement Approval because the Defendant’s records indicate that you were incarcerated at the EMDC between January 1, 2010 and November 10, 2021.
You received the Notice of Settlement Approval because you MAY be entitled to claim compensation under the Settlement if you submit a valid and timely Claim. Receiving the Notice of Settlement Approval does not mean that you necessarily qualify for compensation under the Settlement.
Class Members who did not opt out must now make a Claim if they want to be considered for compensation from the Settlement. The Notice of Settlement Approval and this FAQ explain the class action lawsuits, the Settlement, your legal rights, what compensation is available, who is eligible for that compensation, and how to make a Claim for that compensation. Please read the Notice, the Claim Form (available here), and this FAQ carefully.
5. Why is there a Settlement and has it been approved?
The Parties have agreed to the Settlement to avoid the cost and risk of further litigation, including potential trials, and to provide Class Members with reasonable compensation in exchange for releasing the Defendant from liability. The Settlement does not mean that the Defendant did anything wrong, and the Court did not decide which Party was right.
The Parties entered into a Settlement Agreement. The individuals who filed the Actions (called the “Representative Plaintiffs”) and Class Counsel believe that the Settlement is fair, reasonable and in the best interests of the Class, and the Court has agreed.
The Settlement Agreement was approved by the Court on September 14, 2023. The approval became final on October 16, 2023.
6. What is available under the Settlement?
A Settlement has been reached in the Johnson/Hayne Action and Sabourin Action class action lawsuits.
Under the Settlement, the Defendant will pay $32,795,400.00 to settle the Actions. This amount includes payment of Approved Claims, the Class Proceedings Fund Levy, Administration Costs and Notice Plan Costs, interest and all applicable taxes.
Under the Settlement, Class Members (those who were incarcerated at the EMDC between January 1, 2010 and November 10, 2021 and who are not excluded from the Class) may be eligible for compensation under one of the following compensation levels if they submit a valid and timely Claim:
Level 1 Claim - $1500
A Level 1 Claim may be brought by Class Members who were incarcerated at the EMDC for at least 24 hours and can establish that they suffered some detrimental impact from their incarceration at the EMDC, as evidenced by occasional short-term episodes of anxiety, depression, loss of sleep, nightmares and/or panic states.
Level 2 Claim - Up to $12,500
A Level 2 Claim may be brought by Class Members who can establish that they suffered modest or continued detrimental impacts from their incarceration at the EMDC, as evidenced by several episodes of anxiety or depression; serious physical injury requiring medical attention; diagnosed Post Traumatic Stress Disorder; anxiety or depression requiring medical intervention or medication; and/or significant resulting substance abuse.
Level 3 Claim - Up to $35,000
A Level 3 Claim may be brought by Class Members or by their estates. The Class Member or estate must establish that they suffered an ongoing or fatal impact from their incarceration at the EMDC, resulting in a serious dysfunction, impairment, or death, as evidenced by severe anxiety and/or depression requiring ongoing mental health treatment, including medication, or serious physical injury requiring admission to a hospital and ongoing physical therapy and rehabilitation.
Class Members may only claim for one compensation level in their Claim Form, and may not stack Claims (i.e. receive compensation for both a Level 1 Claim at $1,500 and a Level 3 Claim at $35,000).
Class Members who were incarcerated at the EMDC for fewer than 24 hours are not eligible to make a Level 1 Claim. They may make a Level 2 Claim or a Level 3 Claim, provided that they deliver the supporting evidence required.
7. How do I know if I am part of the Settlement?
For the purposes of the Settlement, all persons who were incarcerated at the EMDC between January 1, 2010 and November 10, 2021, including those held pending trial or other court appearance, are Class Members. However, not all Class Members are eligible to receive compensation. Some exceptions apply (see Question 8).
8. Can everyone make a Claim in the Settlement?
Only Class Members who meet certain criteria are eligible to submit a Claim under the Settlement. You are NOT able to make a Claim under the Settlement if:
* If you were incarcerated at the EMDC both during the time period covered by the Johnson/Hayne Action (January 1, 2010 to May 18, 2017) and during the time period covered by the Sabourin Action (May 18, 2017 to November 10, 2021), opted out of the Johnson/Hayne Action and did not opt out of the Sabourin Action, you are only still a Class Member in the Sabourin Action. You may make a Claim for compensation under the Settlement Agreement for harm alleged to have occurred to you at the EMDC during the time period covered by the Sabourin Action (May 18, 2017 to November 10, 2021).
** If you were incarcerated at the EMDC both during the time period covered by the Johnson/Hayne Action (January 1, 2010 to May 18, 2017) and during the time period covered by the Sabourin Action (May 18, 2017 to November 10, 2021), did not opt out of the Johnson/Hayne Action and opted out of the Sabourin Action, you are only still a Class Member in the Johnson/Hayne Action. You may make a Claim for compensation under the Settlement Agreement for harm alleged to have occurred to you at the EMDC during the time period covered by the Johnson/Hayne Action (January 1, 2010 to May 18, 2017).
You are a “Time-Barred Class Member” if (a) your claim arises from an injury, loss or damage sustained while you were incarcerated at the EMDC on or before October 9, 2011 and is statute-barred by the Limitations Act, 2002, SO 2002, c 24; (b) you did not, before the Johnson/Hayne Action and Sabourin Action were commenced, initiate within the applicable limitation period a proceeding against the Defendant for damages arising from your incarceration at the EMDC (i.e. issue and serve a statement of claim on the Defendant); and (c) you did not validly opt out.
9. How do I make a Claim for compensation under the Settlement?
You may make a Claim by doing the following:
Please keep a copy of your completed Claim Form and all of the supporting evidence and documentation you submit for your own records.
If you fail to submit a Claim Form and supporting evidence and documentation on or before October 16, 2024, you will not be eligible for any compensation whatsoever (i.e., you will not get paid). Sending in a Claim Form late will be the same as doing nothing.
10. Where can I get a Claim Form?
You can print or download the editable PDF Elgin-Middlesex Detention Centre (“EMDC”) Class Actions Claim Form here. You can also ask the Claims Administrator or Class Counsel to send you the Claim Form by email or mail.
11. What is the deadline to submit a Claim?
You must submit your completed Claim Form and all required supporting documents to the Claims Administrator by October 16, 2024. Late Claims will not be accepted.
12. What evidence do I need to prove my Claim?
The material you need to include with your Claim will depend on whether you are making a Level 1, Level 2, or Level 3 Claim.
The supporting evidence required in respect of each compensation level is:
Level 1 Claim: Sworn statement/solemn affirmation setting out, to the best of your recollection, (1) the nature of the incident(s) alleged to have been experienced by you while incarcerated at the EMDC, including details regarding the specific date of the incident(s), unit/location, individuals involved, reports made to staff, and any other pertinent information relating to the alleged incident; and, (2) the nature and extent of the harm(s) caused to you by the incident(s).
Level 2 Claim: Commissioned Affidavit setting out, to the best of your recollection, (1) the nature of the incident(s) alleged to have been experienced by you while incarcerated at the EMDC, including details regarding the specific date of the incident(s), unit/location, individuals involved, reports made to staff, and any other pertinent information relating to the alleged incident(s); and, (2) the nature and extent of the harm(s) caused to you by the incident(s).
Level 3 Claim: Commissioned Affidavit setting out, to the best of your recollection, (1) the nature of the incident(s) alleged to have been experienced by the Claimant while incarcerated at the EMDC, along with all details relating to the specific date of the incident(s), unit/location, individuals involved, reports made to staff, and any other pertinent information relating to the alleged incident(s); and, (2) the nature and extent of the harm(s) caused to the Claimant by the incident(s).
Supporting Documentation: Where possible, additional supporting documentation for Level 2 and Level 3 Claims should be provided from a doctor, psychologist, social worker, counsellor, or therapist setting out the professional’s knowledge of (1) the incident(s) alleged by you; and, (2) the nature of the harm caused to you by the incident(s). If you are submitting a Level 2 Claim or a Level 3 Claim and cannot provide this supporting documentation, you will need to explain on your Claim Form why it was not possible to provide supporting documentation. A failure to provide supporting documentation for a Level 2 Claim or Level 3 Claim may impact the quantum of your award.
13. Can I submit a Claim on behalf of someone else?
Yes, if you have legal authority to do so. If a Claim is being submitted on behalf of someone else, the person completing the Claim must explain on the Claim Form why they have the authority to act and must attach a copy of any Certificate of Appointment of Estate Trustee, Power of Attorney or other document establishing that authority.
14. How do I get records from when I was incarcerated at the EMDC?
You don’t necessarily need a copy of your Inmate File (containing certain records from when you were at the EMDC) to make a Claim. However, if you nevertheless want to obtain a copy of your Inmate File in order to support your Claim, there is a process for doing so under the Settlement.
You can request a copy of your Inmate File by contacting the Claims Administrator in writing (by email or mail). These requests must be made by January 16, 2024.
15. Who will review my Claim?
A third-party Claims Administrator (Epiq Class Action Services Canada, Inc) was appointed by the Court to administer the Settlement and the claims process. The Claims Administrator will conduct an initial review of all Claims to verify that the Claimant is eligible to claim for compensation.
Once the Claims have been verified, the Claims Administrator will provide all verified Level 2 Claims and verified Level 3 Claims, together with all documentation provided, to the Referee (Crawford & Company (Canada) Inc) – a claims adjudicator appointed by the Court. The Claims Administrator, for Level 1 Claims, and the Referee, for Level 2 Claims and Level 3 Claims, will review the Claim Form, any supporting documentation, and documentation submitted by the Defendant and Class Counsel, if any, to determine the compensation level, if any, for which a Claimant is eligible.
In considering Level 2 Claims and Level 3 Claims, the Referee may determine the quantum of the award in an amount not exceeding the maximum identified in the table under “What is available under the Settlement?”).
16. What if my Claim is found to be incomplete?
The Claims Administrator will review each Claim Form for completeness. If your Claim Form is incomplete, the Claims Administrator will let you know within twenty (20) business days of receiving your Claim Form. You will then have to complete the Claim Form within the later of (i) sixty (60) days from the date that the Claims Administrator advises you that your Claim Form is incomplete; or, (ii) the deadline to submit a Claim Form and supporting documentation.
17. If my Claim is successful, when will I receive my compensation?
The Claims Administrator will mail individual compensation cheques to successful Claimants at the postal addresses indicated in the Claim Forms or as directed by an incarcerated Claimant in the Claim Form.
The Claims Administrator cannot mail the individual compensation cheques until (i) all timely Claim Forms have been processed; (ii) the time to request a reconsideration has expired; (iii) all requests for reconsideration have concluded; (iv) the Claims Administrator has reviewed its determinations and those made by the Referee, and has allocated amounts to successful Claimants; (v) the Claims Administrator has prepared a Successful Claims Report advising the Defendant and Class Counsel of the Approved Claims and the amounts to be awarded to each successful Claimant; and, (vi) the Defendant provides the Claims Administrator with the funds to carry out the distributions to the successful Claimants identified in the Successful Claims Report (the Approved Claims payment). The Claims Administrator will mail the individual compensation cheques within sixty (60) days of (i) completion of the Successful Claims Report; and, (ii) receipt of the Approved Claims payment. This process will take some time, and your patience is appreciated. When the cheques have been mailed, an announcement will be posted on the websites of Class Counsel (https://www.mckenzielake.com/the-emdc-class-proceeding/) and the Claims Administrator (www.emdcclassaction.ca).
18. Who are the lawyers representing the Class and how are they paid?
The law firm representing the Class (Class Counsel) is listed below. You will not be charged for contacting these lawyers for more information.
McKenzie Lake Lawyers LLP
140 Fullarton Street, Suite 1800
London, ON N6A 5P2
Toll-Free Telephone: 1-855-772-3556
Email: emdc@mckenzielake.com
Class Counsel worked on a contingency-fee basis, meaning that no fees were charged at any stage of the lawsuits until after the Settlement Agreement was approved. After the Court approved the Settlement Agreement, the Court approved Class Counsel’s fees in the amount of $8,198,850, plus applicable taxes of $1,065,850.50, plus disbursements (out-of-pocket expenses) of $123,507.42, for a total of $9,388,207.92. The Court determined that this amount is fair and reasonable. This amount will not come out of the Settlement Fund for payments to Class Members or decrease their entitlements.
19. Do I need a lawyer to make a Claim?
You do not need a lawyer in order to file a Claim for compensation under the Settlement, but you may find it helpful to have one.
The Claims Administrator and Class Counsel can answer any general questions you may have about the claims process at no charge. Their contact information is as follows:
McKenzie Lake Lawyers LLP
140 Fullarton Street, Suite 1800
London, ON N6A 5P2
Toll-Free Telephone: 1-855-772-3556
Email: emdc@mckenzielake.com
EMDC Class Actions Claims Administrator
c/o Epiq Class Action Services Canada Inc
P.O. Box 507 STN B
Ottawa, ON K1P 5P6
Toll-Free Telephone: 1-888-595-6828
Email: info@emdcclassaction.ca
20. What if I don’t want to participate in the Settlement?
The opt-out deadlines (June 20, 2018 for the Johnson/Hayne Action and July 20, 2023 for the Sabourin Action) have passed and Class Members are no longer able to opt out (exclude themselves) from the Settlement. If you do not want to participate in the Settlement, you are not required to submit a Claim.
Class Members who did not opt out gave up the right to sue the Defendant about any of the claims resolved by this Settlement. If you have a pending lawsuit against the Defendant about these claims, speak to your lawyer immediately.
21. What happens if I do nothing at all?
If you do nothing at all, you will not receive any compensation from the Settlement. In order to receive compensation from the Settlement, you must submit a Claim Form with the supporting evidence and documentation specified on the Claim Form by October 16, 2024. Unless you opted out, you won’t be able to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against the Defendant about the legal issues in the Johnson/Hayne Action and/or Sabourin Action.
22. Can I appeal the Claims Administrator’s or Referee’s decision?
The only decisions that can be reconsidered are:
All other decisions of the Claims Administrator and Referee are final and cannot be appealed or reviewed.
23. How can I get more information?
The Notice of Settlement Approval and this FAQ summarize the Settlement. More details are in the Settlement Agreement, which you can view on the Documents page.
Neither the Parties nor their counsel make any representation regarding the tax effects, if any, of receiving any benefits under this Settlement. Consult your tax adviser for any tax questions you may have.
The court offices will be unable to answer any questions about the matters in this FAQ. If you have any questions regarding the Settlement or about the class action lawsuits in general, information is available on Class Counsel's website (www.mckenzielake.com) or by contacting Class Counsel directly:
McKenzie Lake Lawyers LLP
140 Fullarton Street, Suite 1800
London, ON N6A 5P2
Toll-Free Telephone: 1-855-772-3556
Email: emdc@mckenzielake.com
You can also obtain more information by reaching out to the Claims Administrator:
EMDC Class Actions Claims Administrator
c/o Epiq Class Action Services Canada Inc
P.O. Box 507 STN B
Ottawa, ON K1P 5P6
Toll-Free Telephone: 1-888-595-6828
Email: info@emdcclassaction.ca
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