THE CLAIMS PERIOD IS IN PROGRESS. THE DEADLINE TO SUBMIT A CLAIM IS MARCH 1, 2025.
A Distribution and Individual Issues Protocol for two class actions brought on behalf of certain class members who were placed in administrative segregation (solitary confinement) in Ontario Correctional Institutions has been approved by the Ontario Superior Court of Justice and is now in effect.
What funds are available for class members?
There is a $32,779,972.25 lump sum fund, consisting of the $30 million awarded by the Court in Frances v Ontario and the $13 million agreed to in Chandra v Ontario, less certain fees. Additional compensation may also be available to certain class members.
Who does the revised protocol affect?
You may be eligible for compensation if you were placed in administrative segregation in an Ontario Correctional Institution any time between January 1, 2009 and August 18, 2021, AND
- You were in administrative segregation for 15 or more consecutive days; OR
- You were in administrative segregation for any length of time, you were diagnosed by a medical doctor before or during your period of incarceration with at least one listed mental disorder, you suffered from the mental disorder during your period of incarceration in a manner outlined in Appendix “A”, and you reported your diagnosis and suffering to Ontario before or during your administrative segregation.
Note: Due to the two-year limitation period, the Court has barred anyone placed in administrative segregation between January 1, 2009 and April 20, 2015 from making a claim during this time period. However, if that person can rebut the presumed limitation period and demonstrate that it does not apply to them, they may be able to pursue a claim under Track 3.
The list of mental disorders applicable is defined in the relevant Diagnostic and Statistical Manual of Mental Disorders (“DSM”) to include:
- Schizophrenia (all sub-types),
- Delusional disorder,
- Schizophreniform disorder,
- Schizoaffective disorder,
- Brief psychotic disorder,
- Substance-induced psychotic disorder (excluding intoxications and withdrawal),
- Psychotic disorder not otherwise specified,
- Major depressive disorders,
- Bipolar disorder I,
- Bipolar disorder II,
- Neurocognitive disorders and/or Delirium, Dementia and Amnestic and Other Cognitive Disorders,
- Post-Traumatic Stress Disorder;
- Obsessive Compulsive Disorder; OR
- Borderline Personality Disorder.
Appendix “A” describes the manner of suffering that class members must have experienced in order to qualify as:
- Significant impairment in judgment (including all of the following: the inability to make decisions, confusion, and disorientation);
- Significant impairment in thinking (including both paranoia and delusions that make the offender a danger to self or others);
- Significant impairment in mood (including constant depressed mood plus helplessness and hopelessness; agitation; manic mood that interferes with ability to effectively interact with other offenders or staff);
- Significant impairment in communications that interferes with ability to effectively interact with other offenders or staff;
- Hallucinations; delusions; or, severe obsessional rituals that interferes with ability to effectively interact with other offenders or staff;
- Chronic and severe suicidal ideation resulting in increased risk for suicide attempts; or
- Chronic and severe self-injury.
What do I have to do and by when?
To make a claim for compensation, you must submit a fully completed Claim Form to the Ontario Segregation Class Action Administrator by March 1, 2025. A detailed outline on the different ways you can obtain a Claim Form can be found here.
There are different avenues for class members to claim compensation, referred to as “Tracks.” Depending on which Track you select to proceed with, there are different processes required to submit a claim for compensation. A summary of each of the 3 Tracks as well as what you are required to submit in your claim for compensation under each Track can be found on pages 7 and 8 of the Long Form Notice.
