Elgin Middlesex Detention Centre (EMDC) Class Action Settlement

Johnson et al v His Majesty the King in right of Ontario, Court File No 2291/13 CP & Sabourin v His Majesty the King in right of Ontario, Court File No 1406/19 CP

Case Contact Info:



Two class actions have settled which allege that Ontario negligently operated the EMDC and that accommodations there were overcrowded, unsanitary, dangerous and violent, causing Class Members harm and violating their Charter rights. The settlement agreement is found here.

Who does the settlement affect?

The settlement was approved on behalf of the following people:

individuals who were incarcerated at the EMDC between January 1, 2010 and November 10, 2021, including those held at the EMDC pending trial or other court appearance and who allege that they were harmed during their incarceration(s).

What is in the settlement?

Class members who submit a successful Level 1 Claim may receive up to $1,500, Level 2 is up to $12,500, and Level 3 is up to $35,000.

What do I have to do and by when?

Each claimant must fill out the claim form in full and attach all supporting documents to be RECEIVED by the claims administrator by October 16, 2024.

This includes identity information, asserting which periods you were incarcerated at the EMDC (including holding prior to trial), and which level (you can ONLY PICK ONE) you are applying for.

Depending on the harms you experienced at EMDC, you will qualify for a certain level.  Each level has different requirements.

Level 1 Claims require you to write a description of your experience while incarcerated at the EMDC including as much detail as you can.  This description must show that you have suffered some detrimental impact from the incarceration evidenced by occasional short-term episodes of anxiety, depression, loss of sleep, nightmares/panic attacks.

Level 2 and 3 Claims require you to swear or affirm an affidavit that explains all details of the incidents that happened to you while incarcerated at the EMDC.  The claims must be accompanied by supporting documentation such as a letter from a doctor, psychologist, social worker, counsellor, therapist which set out the professional’s knowledge of 1) the incidents that happened to you at the EMDC; and 2) the nature of the harm to you from the incidents.

If you cannot provide this documentation you will have to explain why it was not possible to provide the documentation otherwise not having this documentation can result in lowering your compensation.

  • Level 2 Claims must show evidence they suffered modest or continued detrimental impacts with evidence of several episodes of anxiety or depression, anxiety or depression requiring medical intervention or medication, serious physical injury requiring medical attention, diagnosed PTSD, and/or significant substance abuse from the incidents


  • Level 3 Claims must establish that the Class Member suffered an ongoing or fatal impact from their incarceration at the EMDC, resulting in a serious dysfunction, impairment, or death, as evidenced by severe anxiety and/or depression requiring ongoing mental health treatment, including medication, or serious physical injury requiring admission to a hospital and ongoing physical therapy and rehabilitation.


Note: You must have been held at EMDC for at least 24 hours to apply under level 1, if it was less than this you can still apply for either Level 2 or 3.

What if there is a cost to obtaining supporting documentation required for a Level 2 or 3 Claim?

Claimants can apply to have reasonable fees charged by doctors or health care providers to get their supporting documents covered by the Administration costs up to $500.

Either a receipt or if you have not paid for the documentation yet you can have the medical professional apply for compensation directly with a written confirmation of the request and charges

Can I submit a Claim on behalf of someone else?

If you are submitting the form on behalf of someone due to death or incapacity you will use their name and information, but you must explain your authority to make a claim on their behalf, and attach a copy of the document showing this authority.

We encourage you to review the important links and documents posted below to learn more about this class action and settlement. Questions regarding the settlement can be directed towards class counsel, the claims administrator, or the Class Action Clinic.