THUNDER BAY -- Former crown wards who allege they were physically and sexually abused in foster care are waiting for a judge to decide whether they can proceed with a $100-million dollar class-action lawsuit against the province.
Justice Helen Pierce will make that decision, after hearing from lawyers representing the four main plaintiffs Monday followed by the Crown Tuesday.
The case was filed three years ago, by Toronto-based Koskie Minsky law firm and Thunder Bay's Watkins Law Office.
Co-lead council Jonathan Ptak said his clients have all suffered extreme physical, sexual and emotional abuse and he's appalled by the province's stance on the matter.
“The take the position that the crown is simply not responsible for making these claims on behalf of children in their care,” Ptak said.
“They say it is the independent and separate Children’s Aid Society offices who are responsible, which in my view is just passing the buck.”
Ptak added the Child and Family Services Act charges them with the responsibility of the parent but they claim it’s someone else’s responsibility to do so.
“The other basis they are saying is this is too individual, too separate and of course they ignore the fact that we’ve pitched this case and our representing it as one of systemic negligence one of the government at the highest level.”
If the class action moves forward, thousands of people who suffered abuse as crown wards after the year 1966 could come forward and join the lawsuit.
(TBT News)