Disability Law Primer (PDF) - ARCH Disability Law Centre

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Centre in a suit against the Ontario government. The former residents alleged
that the government failed in its duty of care. They alleged that the “failure to care
for and protect class members resulted in loss or injury suffered by them,
including psychological trauma, pain and suffering, loss of enjoyment of life, and
exacerbation of existing mental disabilities.^17 ”


The members of the Class include:



  • Anyone who lived at Huronia at any time between January 1, 1945 and
    March 31, 2009 and was alive as of April 21, 2007, or

  • Parents, spouses, children or siblings of someone who lived at Huronia
    between March 31, 1978 and March 31, 2009 and was alive as of April 21,
    2007, or

  • An estate trustee of someone who lived at Huronia between 1945 and
    2009 who died after April 21, 2007.
    A settlement of the class action was reached on September 17, 2013. Full details
    of the settlement can be read on the Koskie Minsky website.^18 Some of the
    highlights of the settlement were:

  • An apology to all former residents of Huronia from the Province of Ontario;

  • $35,000,000 Settlement Fund;

  • The compensation awards will not be subject to tax or government
    clawbacks;

  • The application process is paper based and does not require former
    residents to testify;

  • The maximum compensation that a claimant can receive is $42,000;

  • The documents produced in this case will be accessible for scholarly
    research

  • Commemorative Initiatives including


(^17) The Plaintiff’s factum can be read online: Marilyn Dolmage as litigation guardian of Marie Stark
and Jim Dolmage as Litigation Guardian of Patricia Seth and Her Majesty the Queen in the Right
of Ontario and Huronia Regional Centre (Appellant’s Factum)
http://www.koskieminsky.com/site_documents/080659_FACTUM_25jan10.pdf 18
Ibid. Settlement Agreement
http://www.kmlaw.ca/site_documents/080659_SettlementAgreement_17sep13.pdf

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