Elgin-Middlesex Detention Centre Class Action Certified
The class action relating to the conditions of the Elgin-Middlesex Detention Centre (“EMDC”) was certified by the Honourable Justice Grace of the Ontario Superior Court of Justice on August 23, 2016.
In December 2013, McKenzie Lake Lawyers LLP filed a class proceeding against Her Majesty the Queen in Right of Ontario alleging the conditions at EMDC are overcrowded, fraught with violence, and violate sections 7 and 12 of the Canadian Charter of Rights and Freedoms.
The class action includes all persons incarcerated at the EMDC between January 1, 2010 and August 25, 2013, including those held at the EMDC pending trial or other court appearance.
Among the issues the court approved for determination at trial are whether the Defendant breached a duty of care in how it operated and managed the EMDC, whether their actions violate the Charter, and whether this is an appropriate case for aggregate damages.
Kevin Egan, a partner with McKenzie Lake Lawyers LLP who spearheaded the action said, “We are very pleased that individuals who were exposed to the conditions at EMDC will be allowed to go forward with their claims on a class basis. We look forward to the next steps in this litigation”.
It is too early at this stage to quantify the claims of class members if the action is successful, but it is anticipated the amounts will be significant. Anyone who has been incarcerated in the EMDC during the class period or afterwards is encouraged to contact Kevin Egan at 519-667-2646 ext. 315 or Matthew Baer at 519-667-2646 ext. 397.
See the full press release.