CPRI Class Action

Frequently asked questions (FAQs)

 

  1. What is a class action?
  2. What is this class action about?
  3. Why is there a settlement?
  4. Has the settlement been approved?
  5. Who is included in the Settlement?
  6. What if I’m not sure whether I’m included in the lawsuit or settlement?
  7. What does the settlement provide?
  8. What types of harms are covered by the settlement agreement?
  9. How do I submit a claim?
  10. What documentation must I submit with the Claim Form?
  11. Do I need my impatient file from CPRI in order to make a claim? What important information do I need to know?
  12. Can I get help with my Claim Form?
  13. How does the Claims Administrator come to a determination about my claim?
  14. As a Representative, what documentation must I submit to prove that I have authority to act on behalf of a Class Member?
  15. As a Representative, what documentation must I submit if the Class Member is deceased?
  16. When do I get the money?
  17. Will I lose social assistance if I get money from the settlement?
  18. If I am eligible and receive money from the settlement, how do I show this money in my income tax?  Do I pay tax on it?
  19. How much money will I get if I make a claim?
  20. How will the lawyers be paid?
  21. Who are the lawyers for the Representative Plaintiff and Class Members?
  22. How do I tell the court if I dislike the settlement?
  23. What if I do nothing?
  24. Can I dispute a claim decision?
  25. How do I get more information?

1. What is a class action?

 

In a class action, one or more people called “Representative Plaintiffs” sue on behalf of people who have similar claims. All of the people who have similar claims are called a “Class” or “Class Members.” The court resolves the issues for everyone affected, except for those who excluded themselves from the lawsuit by opting out.

2. What is this class action about?

 

This class action alleges that between 1963 and 2011 Ontario operated CPRI in a way that fell short of legal standards of care and caused harm to some CPRI residents.

 

A Settlement Agreement was approved by the Superior Court of Justice on July 21, 2021, following a Settlement Approval Hearing held on June 23, 2021.

 

The period for making a claim for compensation under the Settlement is now open and will run until May 24, 2022. The only way to receive money from the Settlement is to submit a completed Claim Form and all required supporting documentation to the Claims Administrator by no later than May 24, 2022.

 

A copy of the Settlement Agreement and other related documentation is available by clicking here.

 

Click here for more information about how to file a claim.

Click here to download the Claim Form.

3.  Why is there a settlement?

 

By agreeing to the Settlement, the Representative Plaintiff, Class Members, and Ontario avoid the costs and risks of a trial and delays in obtaining a judgment. In particular, the Settlement Agreement provides money for eligible Class Members, while proceeding to trial without the Settlement Agreement would have left open the risk that the lawsuit would be unsuccessful and that no compensation would be available to any Class Member.

 

In this case, the Settlement also means that Class Members will NOT be required to testify in court.

 

The Representative Plaintiff and the lawyers representing the Representative Plaintiff believe that the Settlement is in the best interests of all Class Members. The Court approved the Settlement, finding it to be fair, reasonable, and in the best interests of Class Members.

4. Has the settlement been approved?

 

The Settlement Agreement was approved on July 21, 2021 by the Superior Court of Justice following a Settlement Approval Hearing held on June 23, 2021.

 

The period to make a claim for compensation under the Settlement is now open and will run until May 24, 2022.

 

The only way to receive money from the Settlement is to submit a completed Claim Form and all required supporting documentation to the Claims Administrator no later than May 24, 2022.

 

Click here for more information about how to file a claim.

Click here to download the Claim Form.

5. Who is included in the Settlement?

 

The Settlement includes all persons who were alive as of February 22, 2014, who were admitted to CPRI during the period from September 1, 1963, until July 1, 2011, exclusive of any time for which an individual was an inpatient and resided in the Glenhurst or Pratten 1 units.

 

If you only received outpatient services at CPRI, you are not included in this Settlement.

 

If you opted out of this lawsuit, you are not included in the Settlement. The time to opt out of the class action was between December 22, 2016 and October 20, 2017. It is no longer possible to opt out of this lawsuit.

6. What if I’m not sure whether I’m included in the lawsuit or Settlement?

 

There are people who can help you understand your legal rights and next steps. If you are not sure whether you are included in the Settlement, you may call Koskie Minsky at 1-844-819-8523 or visit https://kmlaw.ca/cases/cpri-class-action/ or email cpriclassaction@kmlaw.ca.

7. What does the Settlement provide?

 

The Settlement Agreement was approved on July 21, 2021, by the Superior Court of Justice following a Settlement Approval Hearing held on June 23, 2021.

 

The Settlement provides a fund of money that Class Members can make a claim against. The amount of compensation you may receive is dependent on the specifics of your claim and how many people make a claim. More details are in a document called the Settlement Agreement, which is available here.

 

The period to make a claim for compensation under the Settlement is now open and will run until May 24, 2022. The only way to receive money from the Settlement is to submit a completed Claim Form and all required supporting documentation to the Claims Administrator no later than May 24, 2022.

 

Click here for more information about how to file a claim.

Click here to download the Claim Form.

8. What types of harms are covered by the Settlement Agreement?

 

The Settlement Agreement states that different amounts of compensation will be paid to Class Members depending on the harm that they suffered.

 

The table below explains the different categories and levels of harm for which compensation may be awarded under the claims process:

 

 

You can claim compensation for one level of sexual assault as well as physical assault. You cannot claim compensation for more than one level of sexual assault. You will receive compensation based on the highest level of sexual assault set out in your claim.

 

You can claim compensation for both sexual assault and physical assault if the specific harms set out in the Table above occurred in a single incident or in separate incidents.

 

The potential amount of money each eligible Class Member whose claim is accepted will range from $3,500 to $45,000. If the total amount of payments to Class Members exceeds the total maximum available to compensate Class Members, all payments to Class Members will be reduced proportionately so that the compensation paid to Class Members does not exceed the amount available.

 

9. How do I submit a claim?

In order to submit a claim for money, you must submit a completed Claim Form, and all required supporting documentation to the Claims Administrator no later than May 24, 2022.

 

You will need to fully complete the Claim Form and submit it, along with all required supporting documentation, to the Claims Administrator in one of three (3) ways:

 

  • 1. Email: info@cpriclassaction.ca
  •  
  • OR
  •  
  • 2. Fax: 1-866-262-0816
  •  
  • OR
  •  
  • 3. Mail: to the following address listed below:
  •  
  •     Epiq Class Action Services Canada Inc.
  •     Attention: CPRI Class Action
  •     PO Box 507 STN B
  •     Ottawa, ON
  •     K1P 5P6

 

You can download the Claim Form here. You can also call the Claims Administrator to request a Claim Form. TTY users can call 1-877-627-7027.

 

The Claim Form provides instructions as to what supporting documentation is required in respect of each compensation level. It is important to note that you can claim compensation for one level of sexual assault as well as physical assault. However, you cannot claim compensation for more than one level of sexual assault. You will receive compensation based on the highest level of sexual assault set out in your claim.

 

Please read the Claim Form carefully. If you do not understand the Claim Form, ask a trusted support person for help. Alternatively, you can contact Class Counsel for help with the Claim Form.

 

Class Counsel contact information is:

 

Koskie Minsky LLP

20 Queen Street West

Suite 900, Box 52

Toronto, Ontario

M5H 3R3

Phone: 1-844-819-8523

Email: cpriclassaction@kmlaw.ca

 

10. What documentation must I submit with the Claim Form?

The documents you may need to submit depend on the level of harm you suffered. The Claim Form provides instructions as to what supporting documentation is required in respect of each compensation level. Please read the Claim Form carefully to understand what documentation is required.

 

You DO NOT need to ask for your file from CPRI or send in your file from CPRI as part of your claim.

 

You may need to include a note from a doctor, psychologist, social worker, counsellor, or therapist. If you need help understanding what documents to include, click here for information on how to file a claim.

 

Alternatively, you may contact the Claims Administrator.

11. Do I need my impatient file from CPRI in order to make a claim? What important information do I need to know?

 

You do NOT need your inpatient file from CPRI in order to make a claim for any category or level of harm.

 

If you wish to use your inpatient file to prepare your claim, you have to make a written request for your file to either CPRI or the Claims Administrator by November 21, 2021.

 

Your written request needs to include the following:

 

  1. Your current name;
  2. Any previous names or aliases;
  3. Your date of birth;
  4. Your phone number;
  5. Your mailing address AND;
  6. Your email address (if applicable).

 

A scanned piece of government issued ID must also be included with the written request. If you are making the request on behalf of an individual who attended CPRI, you must enclose documentation to prove you have legal authority to act on behalf of the individual or the individual’s estate in respect of financial affairs.

 

You must submit your written request to either CPRI or the Claims Administrator.

 

  • CPRI's contact information is:
  •  
  • Child and Parent Resource Institute (CPRI)
  • Attn: Risk and Compliance Department
  • 600 Sanatorium Road
  • London, ON
  • N6H 3W7
  • Email: CPRILegal@Ontario.ca
  • Phone (Inpatient File Requests Only): 519-858-2774
  •  
  • The Claims Administrator’s contact information is:
  •  
  • Epiq Class Action Services Canada Inc.
  • Attention: CPRI Class Action
  • PO Box 507 STN B
  • Ottawa, ON
  • K1P 5P6
  • Email: info@cpriclassaction.ca

 

Once your Impatient File request is fully processed, Class Counsel will send the Inpatient File directly to you before February 21, 2022.

 

It is important to note that if you make a request for your file after November 21, 2021 we cannot guarantee you will receive your file before the deadline for making a claim.  If you make a request for your inpatient file after November 21, 2021, you must still file your claim by the claims deadline regardless of whether you received your inpatient file. The CPRI Class Action claims deadline is May 24, 2022.

12. Can I get help with my Claim Form?

 

Yes. Your support person or anyone else you trust can help you fill in the form.  If you have a legal guardian, they can make a claim on your behalf. Alternatively, you can contact Class Counsel for help with the Claim Form.

 

Class Counsel contact information is:

 

Koskie Minsky LLP

20 Queen Street West

Suite 900, Box 52

Toronto, Ontario

M5H 3R3

Phone: 1-844-819-8523

Email: cpriclassaction@kmlaw.ca

 

Click here for more information about how to file a claim.

13. How does the Claims Administrator come to a determination about my claim?

 

The Claims Administrator will first review your Claim Form to ensure you are eligible and to confirm that you meet the requirements of the claims process. If you are eligible, they will award you compensation based on their assessment of which level and type of harm may apply to your claim.

 

The Defendant may review your file and submit documents to the claims office that are relevant to your claim.  Class Counsel may then provide further documentation from your file to respond on your behalf.

 

We encourage you to provide as much detail and information as you remember in relation to the incidents of harm you experienced. It is okay if you do not remember details, but provide as much information as you can.

14. As a Representative, what documentation must I submit to prove that I have authority to act on behalf of a Class Member?

 

If you are submitting a claim on behalf of a Class Member other than yourself, you must provide a document verifying that you have legal authority to act on behalf of the Class Member or the Class Member's estate in respect of their financial affairs.

 

Some common types of court-approved documents that fulfill this requirement include the following:

 

  • Power of Attorney for Property; or
  • Court approved Guardianship; or
  • Certificate of Appointment of Estate Trustee.

 

If you are unsure about what the documents to include, you may contact the Claims Administrator.

15. As a Representative, what documentation must I submit if the Class Member is deceased?

 

If you are submitting a claim on behalf of a Class Member’s Estate, you must provide a document verifying that you have legal authority to act on behalf of the Class Member's estate.

 

Documents that fulfill this requirement include the following:

 

  • a copy of the Death Certificate and;
  • a copy of the Last Will.

 

Please note that these documents are required for any person claiming on behalf of a Class Member’s estate. However, if you do not have a Death Certificate and/or Last Will, alternatively, you could provide the Claims Administrator with a Certificate of Appointment of Estate Trustee.

 

If you are unsure about what the documents to include, you may contact the Claims Administrator.

16. When do I get the money?

 

You must send in your Claim Form, and all required supporting documentation to the Claims Administrator by no later than May 24, 2022. The Claims Administrator will make a decision on your claim and determine if you will receive compensation.  All compensation for claims will be made by cheque to the Class Member who made the claim or to his/her legal guardian.

 

Please note that a decision needs to be made on all the claims before any compensation is provided to anyone. This can take many months.

17. Will I lose social assistance if I get money from the Settlement?

 

No. This Settlement does not affect social assistance from the Ontario government.  Social assistance includes the Ontario Disability Support Program (ODSP) and Ontario Works. Settlement money should not change the kind of Ontario social assistance you get, how much you get, or how long you get it.

18. If I am eligible and receive money from the Settlement, how do I show this money in my income tax?  Do I pay tax on it?

 

The financial compensation you are receiving under the CPRI Class Action is for pain and suffering. There should be no tax on money for pain and suffering. You should indicate in your income taxes that the money is for pain and suffering.

19. How much money will I get if I make a claim?

 

If you are eligible and your claim is accepted by the Claims Administrator, the potential amount of money will range from $3,500 to $45,000.

 

If the total amount of payments to Class Members exceeds the total maximum available to compensate Class Members, all payments to Class Members will be reduced proportionately so that the compensation paid to Class Members does not exceed the amount available.

20.  How will the lawyers be paid?

 

The lawyers who are representing the Representative Plaintiff took on this lawsuit on a contingency basis, meaning that no fees have been charged at any stage of the lawsuit.

 

At the hearing to approve the Settlement Agreement, the lawyers asked the Ontario Superior Court of Justice to approve legal fees, disbursements, and taxes in the amount of $3,219,392.32. The Court determined that this amount was fair and reasonable. This amount was subtracted from the amount paid by Ontario to settle the lawsuit.

21. Who are the lawyers for the Representative Plaintiff and Class Members?

 

The lawyers for the Representative Plaintiff and Class Members are Koskie Minsky LLP of Toronto, Ontario.

 

You are welcome to seek legal advice from these lawyers concerning the Settlement and your claim at any time and at no cost to you. If you want to be represented by or receive advice from another lawyer, you may hire one at your own expense.

22.  How do I tell the court if I dislike the Settlement?

 

The deadline to object to the Settlement was May 26, 2021.

 

On July 21, 2021 the Superior Court of Justice approved the Settlement.

23. What if I do nothing?

 

If you do nothing, and do not submit a Claim, you will not receive any financial compensation from the Settlement Agreement. If you qualify as a Class Member, you are bound by the Settlement Agreement. This means you will no longer have the right to sue CPRI or any party released by the approved Settlement for the kinds of things alleged by the representative plaintiff in the Class Action, and you will get no compensation.

24.  Can I dispute a claim decision?

 

You may only dispute (request reconsideration) claims for the following reasons:

 

  1. a disallowance of a claim in its entirety;
  2. a determination of ineligibility under the CPRI Class Action; or,
  3. a determination that a claim does not satisfy the requirements for a Level 3 Sexual Assault claim.

 

The Claims Administrator will send you a decision letter if your claim falls into one of the categories above. If you wish to dispute the decision you can do so by filling out and submitting the Reconsideration Form that will be attached to your decision letter.

 

All requests for reconsideration must be received by the Claims Administrator within twenty-one (21) days of the date of the Claims Administrator’s decision. If no Request for Reconsideration is received by the Claims Administrator within this time period, you will be deemed to have accepted the Claims Administrator's determination and the determination will be final and binding and not subject to further appeal or review by any court or other tribunal.

 

The Request for Reconsideration must be sent to the Claims Administrator, in one of three (3) ways:

 

  • 1. Email: info@cpriclassaction.ca

 

25. How do I get more information?

 

This page summarizes the Settlement. More details are in the Settlement Agreement. You can get a copy of the agreement here.

 

You can also obtain more information about this class action by contacting the Court appointed Claims Administrator:

 

Epiq Class Action Services Canada Inc.

Attention: CPRI Class Action

PO Box 507 STN B

Ottawa, ON

K1P 5P6

Email: info@cpriclassaction.ca

Toll-Free Tel: 1-866-640-9989

Fax: 1-866-262-0816

 

You may also seek legal advice from Class Counsel concerning the Settlement and your claim at no cost to you. You can send your questions to :

 

Koskie Minsky

Attention: CPRI Class Action

20 Queen Street West

Suite 900, Box 52

Toronto, ON

M5H 3R3

Email: cpriclassaction@kmlaw.ca

Toll-Free Tel: 1-844-819-8523

 

 

 

 

 

 

 

Important Dates

 

 

May 26, 2021

Objection Deadline

 

June 23, 2021

Settlement Approval Hearing

 

July 21, 2021
Settlement Approved

 

November 21, 2021

Deadline to request Inpatient File Records in order to receive your file before the claims deadline.

 

May 24, 2022

Claims Deadline

 

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