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A legal clinic is challenging a $10 million settlement reached by lawyers representing people who were abused as Crown wards, saying the $3,000 each person is set to receive is no compensation for the harm suffered.
The settlement came after a class action lawsuit filed on behalf of thousands of Ontario residents who were put under the protection of the province as children and put in foster homes, adoption centers and group facilities, The London Free Press reported.
Named plaintiffs in the class action lawsuit allege they experienced sexual, physical and emotional assaults after being placed under Crown protection.
Some say they were medically mistreated, were denied basic needs like food and clothing, and subjected to other forms of abuse while under Crown care.
Toronto law firm Koskie Minsky negotiated the $10 million settlement with the province in January, but 60 former Crown wards objected to it, saying it wasn’t enough compensation for the abuse they endured.
Ontario Superior Court Justice Helen Pierce heard the plaintiffs and rejected the settlement as “capitulation” to the Ontario government. She told the parties to renegotiate, The London Free Press reports.
However, instead of renegotiating, the lawyers have decided to appeal her decision and push for the $10 million settlement.
The original lawsuit was asking for $100 million in damages, but ended up falling short.
After more former Crown wards came forward seeking advice, the Class Action Clinic in Windsor has said it is seeking standing to oppose the deal.
Meanwhile, Ontario denies wrongdoing. It says, although it supervised the Children’s Aid Societies involved in children’s care, it was those societies that were responsible.
What do you think of the proposed settlement? Let us know in the comments!
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9 thoughts on$3K Settlement to Each Person Abused Under Govt. Care ‘Not Enough,’ Legal Challenge Says
Class action joke, Still can’t find a lawyer since they dropped the class action. No one cares to pick up the ball again. But I can get maid service if that is my choice. Thanks I choose life! & some help to right this wrong. Should a lawyer want to help me. I’m here come help me. I only want to tell my story to someone I can trust as I have been taken advantage of enough. Being abrupt and forward is rude so do lead like a sycophant.
I was a crown ward in 1976 to approximately 1980 until my adoption. My case worker was fired for not following up on regular home visits. My maternal grandmother placed me into foster care. I was sexually molested in foster care by their Indigenous adopted daughter. Every single day and night. Forced to stand naked while her boyfriend looked on from the bushes of the property. Molested sexually by the adopted daughter who was 14 and I was 6 years old. She raped me while I was sleeping, when awoken pretended to be asleep. She said if I said anything she was going to tell my foster parents I was a bad girl. Placed into another home and was beaten, forced to eat cake because I licked the icing, the whole cake, forced to drink water until I puked because I drank at the school fountain, was constantly reported on by my adopted brother. Beaten until I had lash marks from a skipping rope, metal belt buckle, hair brushes and wooden spoons. Molested by a 16 year old boy in their care when I was 13. I wasn’t a bad kid. Made to pull nails out of wooden boards on extremely hot days. Locked in a van with my two younger adopted brothers for hours while the mother went shopping or worked at the local beckets. Always locked or confined. Need I say more. First Nations received billions. I’m seeking retribution for all the years I can’t hold a steady job because of diagnosed PTSD. Years of being in abusive relationships. I have not healed. It’s affected my life and caused health issues. I have cried to my adoptive mother when I was younger telling her what happened in foster care and she ignored it. Night terrors ensued. Cannot hold a steady job because of trauma. My children are in joint custody because of my depression. Help the crown wards of Ontario please. We matter just as much as the First Nations.
The comment that crown wards will receive 3,000 is misleading. Koskie has disenfranchised hundreds, maybe more, who will receive nothing though they met the original criteria. The crown wards that are left will, depending on numbers that no one seems to have a clue about, might receive 100.00 or nothing at all. The class action lawsuits are most often, koskie being a major contender, a quick, cheap way for law firms to make millions profit and all cost associated with the action paid. It also allows the defendant to claim zero responsibility, regardless of whether a member has been disqualified, for any admissions of fault or responsibility now and forever. They are allowed to start off with a statement of claim, but change aspects overtime that’s in the law firms best interest but not what’s best for class members. Class actions should be about, eg, forcing car companies to fix or replace faulty car parts.
I am one of the Crown Ward complainants. I got involved in this case. When it first started this case originally was about our child sexual abuse and about our beatings and deprivation and all sorts of other things. I have emails right from the get-go that this case was about sexual abuse not benefits. When we went before judge Pierce I was one of the people that spoke up cuz I was abused in 1967. I am one of the oldest claimants and I have had lung cancer twice. I refuse to die till we get a proper settlement. When we went before judge Pierce I immediately asked what are the benefits for. That brought the case right back to what the benefits were for child sexual abuse child physical abuse Etc. I have saved every freaking email from these people. Thank God judge Pierce heard us. It is pathetic that the lawyers that launch this case did not provide us with information in regards to this was not directly to our abuse or for suing the Children’s Aid. It was completely misguided which left all of us unable to sue our perpetrators or the Children’s Aid. Maybe we should launch a case against the Children’s Day directly. I believe this case has been going on since 2011 or at least that’s when I think I signed up. It is repulsive that you can basically traffic children and then try to get out and pay them benefits of $3,000. It’s BS. If you want any of my old emails I’ll be happy to show you them all.
I was in Bayfield treatment centers for 4 years and in cas for 8 and I have been hit locked in rooms for days put on meds that I later found out the dosages could have killed me they just want to drug you so you don’t feel the pain of being there and abused. Iv had staff leave the room on purpose so other kids could beat me up iv witnessed black boys being told they don’t belong here by white staff. And when you tile a complaint nothing happens because no one believes us over staff. My social worker never picked up. I was so ready to die there from 16 -18 years old I told the doctor I couldn’t sleep just to get more sleeping pills so I could sleep 22 hours a day until I got out and once I did had 0 life skill because they teach you nothing I became homeless for an entire year because no one told me how life would be they bassicly just said good luck I smoked Crack and slept outside because I legit did not know any better. Today I am much better I have a home and a family and have been 3 years clean I am now 25 years old and I still think about being in cas everyday and it breaks my heart.
I too was a crown ward of the CAS in Kitchener Waterloo I was placed from home to home I was sexually abused and by on foster parent so I ended going to another foster home where I was physically and emotionally abused by the foster mother in the home to this day I feel that there is no one out there to help me with anything like this lawsuit I would really like to know more I’m 64 years old and this still bothers me to this day
Well I’ve been waiting over r0 years for something I should of had from jump street this isnt talking even about the other abuse I went there for 8 or 9 years in the programs ..none of this stuff happened to me at my moms home ever when I was in her care five abouts jumping one child very over whelming as a child never the less also fellows u ik n our ablut life aswell no treatments for what they done to us either today I angry aad and worries about the billions of kids behind me that went there the same things I didn’t then it is today jumping kids to get the anger out stop taking them from there family’s subpost ro work wit hbk them not take them away …do the work cas.staff talk it out let these kids feel its.ik to speak.things iut in there time with people.they are.ok with not.frosed
This lawsuit is just one more disappointment. Nothing more than another crack for the Canadian government to stuff us in . This system is broken and had no business thinking it could fix kids it only planned to abandon abuse ignore or dismiss or exploit . Wish i could have spoke in court .I was abused @ Maryvale and in foster care and abandoned @ 16 by CCAS .Joys of a crown ward in Ontario. I moved on with life only for my father to be charged and convicted as a pedophile. GET IT TOGETHER ONTARIO You never protected me . My list of abuse is exhausting because of the CCAS and The courts who have yet to act in our best interest as kids in care. HELP US HELP OURSELVES PLEASE WE NEVER ASKED FOR ANY OF THIS. Broken kids trying to mask normal we need help. its to much to mask. Make it right but $3000 for them to take me away and do what they did ,NO THEY DESERVE TO PAY .
does this also include kids that were in care as permenant ward in bc under the mcfd and vacfass? or just for ontario?