Lots of victims sharing their stories of abuse and the hope they have that they will get justice. More than 300 former Crown wards, including four from Windsor, have joined a $110-million proposed class-action lawsuit claiming the Ontario government failed to help them seek compensation for the abuse they suffered before and after coming into care. Crown wards would have been eligible for damages in civil court or a payout from the Criminal Injuries Compensation Board, the lawsuit claims. But the Ontario government, as their legal guardian, failed to pursue compensation on their behalf. “Limitation periods have expired, evidence has disappeared and Crown wards who were victims of criminal and tortuous acts have not received compensation that would otherwise have played a vital role in their recovery and development,” the statement of claim says. The lawsuit applies to anyone taken into care after Jan. 1, 1966, including current Crown wards, said Jonathan Ptak, a Toronto lawyer from Koskie Minsky LLP who launched the lawsuit along with a Thunder Bay lawyer from Watkins Law Professional Corp. “The class size is in the thousands, likely tens of thousands,” Ptak said. “Only the government has the exact number.” The province has not yet filed a statement of defence, Ptak said. The claims made in the lawsuit have yet to be tested in court. One Windsor man, Garrett DePerry, 31, says he was taken into care at age three, suffering abuse and neglect into his teen years. His cousin, Holly Papassay, 42, of Thunder Bay, is one of the two representative plaintiffs in the case. “They failed a lot of us. I want change,” he said of why he contacted the lawyers involved. “Little children don’t have a voice. I want to make sure none of these children are ever harmed again.” Ptak said Thursday the two plaintiffs named in the lawsuit as representatives of the class have never tested the limitation periods by applying for compensation. He is unsure if any of the people identifying themselves as members of the class have either. “We have had calls from all across the province,” said Ptak. The lawsuit, filed in January and amended in March, is still in its early stages. A case conference is scheduled for August in Thunder Bay where the lawyers hope to get a timetable approved. A motion to have the lawsuit certified by the court as a class action – the first step in the proceeding — will not be heard until next year at the earliest. ssacheli@windsorstar or on Twitter @winstarsacheli
Posted on: Thu, 15 Jan 2015 22:18:35 +0000
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