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.

 

Johnson et al v His Majesty the King in right of Ontario, Court File No 2291/13 CP

Sabourin v His Majesty the King in right of Ontario, Court File No 1406/19 CP

 

A Settlement has been approved in two certified class action lawsuits against Ontario (the “Defendant”): Johnson v Ontario (the “Johnson/Hayne Action”) and Sabourin v Ontario (the “Sabourin Action”). The lawsuits alleged that the Defendant negligently operated the EMDC, causing Class Members harm and violating their rights. The Defendant denies those allegations, and the Court did not decide who was right. The Parties instead decided to settle the lawsuits.

 

The Ontario Superior Court of Justice approved the Settlement on September 14, 2023.

 

This website contains important information about the class actions, the Settlement, and how to submit a Claim for compensation under the Settlement.

 

For additional information, please read the FAQ page or view the Notice of Settlement Approval available here.

 

Important Deadlines:


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.

 

Who can claim in the Settlement?

 

You are eligible to submit a Claim in this Settlement if you suffered harm while incarcerated at the EMDC between October 10, 2011 and November 10, 2021 and did not previously opt out of the class actions.

 

You may also be able to submit a Claim if you suffered harm while incarcerated at the EMDC between January 1, 2010 and October 9, 2011, if you meet certain criteria.

 

How do I make a Claim?

 

To obtain compensation under the Settlement, you must make a Claim by October 16, 2024.

 

You may make a Claim by completing all of the following steps:

  1. fill out the Claim Form (on paper or electronically);
  2. include the supporting evidence and documents specified on the Claim Form; and,
  3. submit the Claim Form and supporting evidence and documents to the Claims Administrator online, by mail (at the address listed on the Claim Form), or by email (at the email address listed on the Claim Form) on or before October 16, 2024.

 

What if I do not want to participate in the Settlement?

If you do not want to participate, you do not need to submit a Claim, but you can no longer exclude yourself from the Class. The Settlement is binding on you.

 

What if I do not submit a Claim or I do nothing?

If you do not submit a Claim or do nothing, you will not receive compensation.

 

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

 

The law firm representing the Class Members (Class Counsel) is McKenzie Lake Lawyers LLP, and its contact information is set out below. You will not be charged for contacting these lawyers for more information. If you want to be represented by a lawyer in preparing and filing your Claim, you may, at your own expense, hire McKenzie Lake Lawyers LLP or another lawyer of your choosing.

 

You can contact McKenzie Lake Lawyers LLP at emdc@mckenzielake.com or by phone at 1-855-772-3556 (toll free).

 

You can also get more information on the Documents page, by calling the Claims Administrator at 1-888-595-6828 (toll free), by writing to the Claims Administrator at EMDC Class Actions Claims Administrator, c/o Epiq Class Action Services Canada Inc, P.O. Box 507 STN B, Ottawa, ON  K1P 5P6, or by emailing the Claims Administrator at info@emdcclassaction.ca.

 

 

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