EMDC 1 & 2 – January 1, 2010 to May 18, 2010

The class action includes all persons incarcerated at the EMDC between January 1, 2010 and May 18, 2017 and includes those held at the facility pending trial or other Court appearance.

The action seeks a declaration that the conditions and practices of the government in the care and custody of inmates violates Sections 7 and 12 of the Canadian Charter of Rights and Freedoms, and seeks damages for negligence, breach of fiduciary duty, assault and battery.

UPDATE: October 7, 2021

In May of 2021, the Ontario Government identified at least 190,748 further potentially relevant records for production. Those documents are being produced to McKenzie Lake in tranches of approximately 50,000 documents per month. That process will continue until at least the end of December 2021. Following this, examinations for discovery will commence.

UPDATE: December 2, 2019

On July 31, 2018, McKenzie Lake and the Defendant entered into a Discovery Plan. This plan requires both sides to exchange copies of all relevant documents in their possession or control. This process well is underway: to date, we have received more than 140,000 documents from Ontario. There are a large number of documents that must be produced and reviewed, it is a very laborious and time-consuming process. We expect that this stage of the class proceeding will take many more months to complete. Following this, examinations for discovery will commence.

  • To view the most recent version of the Statement of Claim, click here.
  • To view the long form Notice of Certification, click here.
  • To learn more about what a class action is please click here.

If you believe you are a member of the proposed class please complete a Class Member Request Form.

In order for us to access your incarceration records held by the Ministry, we will need you to complete the Authorization for Release of Personal Information.

The completed forms should be sent to us in one of the following three ways:

By Mail:

Attention: EMDC Class Proceeding
McKenzie Lake Lawyers LLP
Suite 1800 – 140 Fullarton St.
London Ontario  N6A 5P2

By Fax: 519-672-2674 – Attention: EMDC Class Proceeding

By E-mail to: emdc@mckenzielake.com

For further information please contact:

Kevin Egan or Matthew Baer at 1-844-672-5666.