REGINA, Aug. 14, 2019 /CNW/ - A class action has been certified against the Government of Saskatchewan and the Public Guardian and Trustee of Saskatchewan (the "Government") on behalf of certain persons who, as children, while in the custody of the Government, suffered injuries as a result of a crime or tort committed by a third party and on whose behalf the Government did not seek monetary compensation.
This class action lawsuit seeks to recover damages flowing from the Government's alleged failure to pursue compensation for these children under specific "victims of crime" legislation or through a civil lawsuit.
Certification is not a decision on the merits of the lawsuit, but deals with the proper procedure for a lawsuit, which allows it to continue to the next stage of the litigation. The Court has not yet decided whether the Government did anything wrong. The Government denies that the Plaintiffs' legal claims have merit.
All persons who between January 1, 1959 and November 14, 2017 were in the custody and guardianship of the Saskatchewan Minister responsible for The Child Welfare Act, The Family Services Act, or The Child and Family Services Act, and who suffered (while in the custody and guardianship of the Minister) a personal injury as a result of a crime or tort committed by a third party, and for whom the Government did not make a claim under The Criminal Injuries Compensation Act, The Victims of Crime Act, or The Victims of Crime Act, 1995, nor commenced a civil action to obtain compensation on their behalf or hired a lawyer to represent their interests, are automatically included in the class action lawsuit.
If someone who fits the above description does not want to participate in this class action lawsuit, he or she must complete an "opt out" form. Those who opt out may be entitled to pursue a legal claim in a separate proceeding. Anyone who wishes to opt out must send a written and signed opt-out form, including their name, address, date of birth, telephone number, and e-mail address (if any) postmarked by October 13th, 2019 to:
Saskatchewan Foster Care Class Action
c/o Merchant Law Group LLP
2401 Saskatchewan Drive
Regina, Saskatchewan S4P 4H8
This news release contains only a summary of the "Long Form Notice of Certification" as authorized by the Court. To read the complete Notice of Certification, for more information on this class action, or to sign up to receive periodic updates on the status of the proceeding, please visit www.FosterCareClassAction.com
SOURCE Merchant Law Group
For further information: please contact the Plaintiffs' lawyers, Merchant Law Group LLP, at (306) 791-2171 or [email protected]