The law firms Koskie Minsky LLP and Watkins Law Professional Corporation have launched a class action claiming that the Ontario government systematically failed to take all necessary steps to protect the legal rights and claims of children in its care.

In Ontario, a child may be removed from the care of his or her parents and put into the care of the Province for reasons that include physical, emotional, or sexual abuse, or neglect. In Ontario, permanent wards for whom the Province has legal responsibility are called Crown wards.

Crown wards were victims of criminal abuse, neglect and tortious acts as children, and as a result of which, were removed from the care of their families and placed under the care of the Province of Ontario. These children were also victims of abuse, neglect, and tortious acts while they were under the age of 18 and in the care of Ontario.
As a result of the crimes and torts committed against them prior to and during their Crown Wardship, the class members were entitled to apply for compensation from the Criminal Injuries Compensation Board and to commence proceedings for civil damages.

The suit claims the province failed to take all necessary steps to protect the rights of Crown wards to apply for compensation from the Criminal Injuries Compensation Board or to file personal injury claims for children who were abused prior to or while in the care of the Province.

The class action includes all children who were Crown wards at any time from January 1, 1966, the date that the Province of Ontario voluntarily accepted legal responsibility and guardianship of Crown wards.

“Ontario Crown Wards represent an enormously vulnerable group requiring tremendous physical, emotional and legal protection.” declared Jonathan Ptak, co-lead counsel in this class action. 

Christopher Watkins stated “As a result of the Crown’s systemic failure and inaction, Crown Wards in Ontario have seen their ability to seek civil damages and compensation from the Criminal Injuries Compensation Board evaporate.”

Sandy Zaitzeff, co-lead counsel in this class action, notes that because the Crown failed to act, “limitation periods have expired, evidence has disappeared, and Crown Wards who were victims of criminal and tortious acts have not received compensation that would otherwise have played a vital role in their recovery and development.”





Source:
facebook.com/pages/Ontario-Crown-Ward-Class-Action/3530