TORONTO, Dec. 14, 2018 /CNW/ - Mr. Justice Belobaba has certified a class action against the government of Ontario on behalf of all persons who were alive as of April 10, 2015 who were approved for developmental services through a Developmental Services Ontario office and subsequently placed on a service registry for residential services and supports, caregiver respite services and supports, or Passport funding between July 1, 2011 and December 14, 2018.
The claim alleges, among other things, that Ontario has been negligent, and breached section 7 of the Canadian Charter of Rights and Freedoms, by virtue of these waitlists, some of which can last for years at a time as a result of the broken system.
Marc Leroux, as litigation guardian for his daughter Briana Leroux, has been appointed as the lead representative plaintiff in the action. Ms. Leroux is a 20 year old woman who is developmentally disabled. She requires constant care for everything from eating, basic mobility and personal hygiene. For the first 18 years of her life, she received social assistance from the Ministry of Children and Youth Services. When she turned 18, she had to apply for social assistance from the Ministry of Community and Social Services. At that point, she was approved for support and services but waitlisted with no estimate as to how long she would have to wait for the services.
Kirk M Baert, lead counsel at Koskie Minsky LLP, stated: "This decision is a significant victory for the class members who are among the most vulnerable individuals in society. We will continue to push the case forward seeking justice for all class members."
The allegations have not been proven in court. Now that a class action has been given the approval to go ahead by the Court, the next step will be for the parties to litigate the case on its merits.
The Toronto law firm of Koskie Minsky LLP has been appointed as class counsel.
SOURCE Koskie Minsky LLP
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