THUNDER BAY – A judge has ruled a class action lawsuit filed by former Crown wards can continue.
Superior Court Justice John Fregeau ruled Friday to dismiss a government of Ontario appeal of a May 2015 decision by Justice Helen Pierce which certified the class and rejected arguments the Crown did not owe a duty of care to children in their custody.
The decision allows the lawsuit, which names Holly Papassay, Toni Grann, Robert Mitchell, Dale Gyselinck and Lorraine Evans as representative plaintiffs, to proceed forward.
The statement of claim alleges potentially thousands of children who were victims of criminal abuse, neglect and tortious acts were removed from their families and placed in the care of the province, where they were also victims of criminal and tortious acts.
It also alleges the Crown was negligent and in breach of its fiduciary duty by not giving proper consideration and taking reasonable steps to ensuring the victims’ rights to receive compensation, which has resulted in limitation periods expiring and evidence disappearing.
The proposed class includes children who were Crown wards after Jan. 1, 1966, when the province of Ontario voluntarily accepted legal responsibility and guardianship for Crown wards.
