The EMDC Class Proceeding
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.
Please refer to this website for any further updates as we continue to move this lawsuit forward.
On August 23, 2016, Justice Grace of the Ontario Superior Court of Justice released his decision certifying the EMDC class action. Leave to appeal the certification decision was denied by the Divisional Court. the news post here.
A second EMDC class action was filed on behalf of inmates detained after August 25, 2013. That proceeding was certified on consent on May 18, 2017 and the two actions were subsequently consolidated. Collectively, they cover all persons incarcerated at EMDC between January 1, 2010 and May 18, 2017, including those held at EMDC pending trial or other court appearance.
All Class Members should review the long form Notice of Certification available here.
If you are a class member, but you do not want to participate in the class action so that you can maintain or commence your own individual lawsuit (or for any other reason), then you must opt-out of the class action by completing and returning this opt-out form by June 20, 2018.
Inmates of the Elgin-Middlesex Detention Centre (EMDC) have launched a class action lawsuit against the Ontario Government. The Elgin-Middlesex Detention Centre is a regional correctional facility located on Exeter Road in London, Ontario. It has been the subject of numerous news reports dealing with violence and overcrowded conditions. There have been a number of reported deaths at Elgin-Middlesex Detention Centre in the recent past including at least two by homicide. Assaults on inmates are a regular occurrence.
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.
To view the most recent version of the Statement of Claim, 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 ways:
- Attention: EMDC Class Proceeding
McKenzie Lake Lawyers LLP
Suite 1800 – 140 Fullarton St.
London Ontario N6A 5P2
- Fax: 519-672-2674 – Attention: EMDC Class Proceeding
- E-mail to firstname.lastname@example.org
For further information please contact:
This page will be updated from time to time as this action progresses.