The EMDC Class Actions
Update: October 30, 2023
We are pleased to announce that the Settlement of two certified class action lawsuits (Johnson v Ontario and Sabourin v Ontario) against Ontario (the “Defendant”) has been approved by the Court. The lawsuits alleged that the Defendant negligently operated the Elgin-Middlesex Detention Centre (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 and Class Members are now able to make a Claim for compensation under the Settlement.
Your legal rights and options—and the deadlines to exercise them—are explained in more detail in the Notice of Settlement Approval, the Claim Form, and on the settlement website (www.emdcclassaction.ca). Please read the Notice of Settlement Approval and Claim Form carefully.
Who are Class Members?
| Class Action | Class Members |
| Johnson/Hayne Action | 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 | 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 both the Johnson/Hayne Action and Sabourin Action or only one of the Actions.
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. |
Note: At this time, there is no money available for Class Members. The claims process will take some time and your patience is appreciated. When the cheques have been mailed, an announcement will be posted on this website and the Claims Administrator’s website.
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 (printable) and electronically (fillable);
(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 [link to https://www.emdcclassaction.ca], 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.
Do I need a lawyer to make a Claim?
You do not need a lawyer in order to make a Claim for compensation under the Settlement, but you may find it helpful to have one.
The Claims Administrator and Class Counsel (McKenzie Lake Lawyers LLP) can answer any general questions you may have about the claims process at no charge.
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.
Documents Related to this Update:
- Click here to view a copy of the Notice of Settlement Approval.
- Click here to view a printable copy of the Claim Form.
- Click here to view a fillable copy of the Claim Form.
- Click here to view a copy of the Settlement Agreement.
- Click here to view a copy of the Settlement Approval Order, dated September 14, 2023.
- Click here to view a copy of the Amended Endorsement of Justice Grace (Settlement Approval and Class Counsel Fees Approval), dated September 18, 2023.
How do I get more information?
For more information, please contact the Claims Administrator (email: info@emdcclassaction.ca; toll free phone: 1-888-595-6828; or by visiting the settlement website at www.emdcclassaction.ca).
You can also reach out to Class Counsel by email at emdc@mckenzielake.com or by phone (toll-free) at 1-855-772-3556.
Other Documents
- Click here to view a copy of the Short-Form Notice of Certification and Settlement Approval Hearing.
- Click here to view a copy of the Long-Form Notice of Certification and Settlement Approval Hearing.
- Click here to view a copy of the Fresh as Amended Statement of Claim in the Johnson/Hayne Action.
- Click here to view a copy of the Fresh as Amended Statement of Claim in the Sabourin Action.
- Click here to view a copy of the November 10, 2021 Certification Order for the Sabourin Class (for the class period of May 18, 2017 to November 10, 2021).
- Click here to view a copy of the May 18, 2017 Certification Order for the Hayne Class (for the class period of August 26, 2013 to May 18, 2017).
- Click here to view a copy of the August 23, 2016 Certification Order for the Johnson Class (for the class period of January 1, 2010 to August 25, 2013).
- Click here to view a copy of the Long-Form Notice of Certification for the Johnson/Hayne Class.
For further information please contact:
emdc@mckenzielake.com or Kevin Egan or Matthew Baer at 1-855-772-3556.
