OBJECTIONS BRIEF OF THE PLAINTIFF

Court File No. CV-10-411191
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
DAVID MCKILLOP BY HIS LITIGATION GUARDIAN
CHRISTINE VICTORIA GRACE CLARKE
Plaintiff
-andHER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO
Defendant
Proceeding under the Class Proceedings Act, 1992
OBJECTIONS BRIEF OF THE PLAINTIFF
KOSKIE MINSKY LLP
900-20 Queen Street West
Toronto, ON M5H 3R3
Kirk M. Baert
Tel: (416) 595-2117 lFax (416)204-2889
Celeste Poltak
Tel: (416) 595-2701/ Fax: (416) 204-2909
David Rosenfeld
Tel: (416) 595-2700 /Fax: (416)204-2894
Jody Brown
Tel: (416) 595-2709 /Fax: (416)204-2815
Garth Myers
Tel: (416) 595-2102 lFax: (416\204-4924
Lawyers for the Plaintiff
TO:
ATTORNEY GENERAL FOR ONTARIO
Crown Law Office, Civil Law
720 Bay Street, 8th Floor
Toronto, ON M5G 2Kl
Robert Ratcliffe
Tel: (416) 326-4128 lFax: (416)326-418r
John Kelly
Tel: (416) 212-1161 / Fax: (416) 326-4181
Sonal Gandhi
Tel: (416) 326-4146 / Fax: (416) 326-4181
Lisa Brost
Tel: (416) 326-4008/ Fax: (416) 326-4181
Lawyers for the Defendant
Court File No. CV-I0-41I
l9l
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
DAVID MCKILLOP BY HIS LITIGATION GUARDIAN
CHRISTINE VICTORIA GRACE CLARKE
Plaintiff
-andHER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO
Defendant
Proceeding under the Class Proceedings Act, 1992
TAB
I
DESCRIPTION
Affidavit of Terri Retzler (Crawford Class Action Services) sworn
Februarv 18.2014
PAGE NO.
I
((A)'
-
Order of Justice Conway dated January 15.2014
4
Exhibit 6(8"
-
Objection of Gordon Scanlon
9
Exhibit "C"
-
Objection of Christopher Powers
t2
Exhibit "D'r
-
Objection of Roger Chartrand on behalf of Yvon
Chartrand and Richard Chartrand
t4
Exhibit "E')
-
Objection of Ross Hoffman on behalf of Raymond lester
Hoffman
16
66Frr
-
Obiection of the estate of Timothy Plunkett
r9
Exhibit
Exhibit
f;ldf;
Court File
No. CV-1041 l9l I
ONTARIO
SIJPERIOR COT'RT OF JUSTICE
BETWEEN:
DAVID MCKILLOP BY IilS LITIGATION GUARDIAN CHRISTINE VICTORIA
GRACE CLARKE
Plaintiffs
-andIIER MAJESTY TIIE QUEEN IN RIGHT OF TIIE PROVINCE OF ONTARIO
Defendant
Proceeding under the Class Proceedings Act, 1992
AFFIDAYIT OF TERRI RETZLER
(sworn February 18, 2014)
I, TERRI RETZLER, of the Town of Paris, in the County of Brant, in the Province of
Onwio MAKE OATH AIttD SAY:
l.
I am the Assistant Project Manager at Crawford Class Action Services ("Crawford"), a
Division of Crawford and Company (Canada) Inc. I have personal knowledge of the facts to
which
I
hereinafter depose in this affidavit. Where the information in this aflidavit is not
based on my direct knowledge, but is based upon information and belief from other sources,
I
have stated the source of that information and I believe that information to be true.
2.
Pursuant
to the Order of the Honourable Justice
Conway of the Ontario Superior
Court of Justice dated January 15, 2014 (the "Order'), Crawford was appointed as the
Administrator to distribute the notice of the Fairness Hearing and to receive objections from
the class members.
Notice Dissemination
3.
Based on my personal knowledge,
I can confirm that Crawford
Long Form and Short Form notices (the'Notices") as follows.
has disseminated the
i
su-
-2-
Community Agencies
4.
In accordance with paragraph 4(a) of the Order (anached as Exhibit
*A'),
on January
30,2014 the Notices were sent by regular mail and/or email to the 362 community agencies
who are funded by the Defendant in providing services to members of the class.
DirectMail
5.
In accordance with paragraph a(b) of the Order, I can confirm that a total of 6,287
Notices were direct mailed to any person who was mailed the notice of certification, which
mail was not returned to sender or who had an invalid address, and to any former resident on
the list of class members which was provided by the Defendant in accordance with the Order.
6.
I
can confirm that direct mail was not sent
on3,l92 files listed in our database (1,532
identified as'tesident class membey''files) that have incomplete or no address information or
returned mail where no alternate address has been located/provided.
Returned
Mail
7.
can confirm that as
I
have been returned
of the date of swearing this affidavit, 448 Notices direct mailed
to Crawford by Canada Post. The reasons for the return have been:
recipient not at address, moved/address unknown, no such address exists, or that the person
identified is deceased.
Website Posting
8.
In accordance with paragraph 4(d) of the Order, on January 20,2014 the Notices and a
copy of the settlement agrcement was posted on the administration website.
Toll-Free Support Line
9.
In accordance with paragraph (h) of the Order, I can confirm that Crawford's pre-
existing toll-free telephone support line remains active. Between December 23,2013 and the
date of this
Objections
aflidavit
a
total of 414 calls have been received (387 English and27 French).
-3-
10.
In accordance with paragraph 7 of the Order, I.can confirm that as of the date of
swearing this affidavit, Crawford has received a total
I
l.
of five (5) objections.
Three (3) objections were received on or before February 12,2014:
(a)
Attached hereto and marked as Exhibit
"8" is the objection of Gordon
Scanlon;
(b)
Attached hereto and marked as Exhibit
*C" is the objection of Christopher
Powers (verbal objection filed February 12,2014); and
(c)
Attached hereto and marked as f,xhibit
Chartrand
oD' is the objection of Roger
on behalf of Yvon Chartrand and Richard Chartrand
(email
objection received February 12, 2Al4).
Two (2) objections were received after February 12,2014:
(d)
Attached hereto and marked as Exhibit
"E"
is the objection of Ross Hoffman
on behalf of Raymond Lester Hoffman (received February 13,2014); and
(e)
Attached hereto and marked as Exhibit
*F" is the objection of the estate of
Timothy Plunkett (received February 13,2014).
12.
I
swear this aflidavit in support of the dissemination of the notice of Fairness Hearing
and the receipt of objections from class members, and for no improper purpose.
SWORN BIFORE ME at the City of
Waterloo, in the Province of Ontario, on
Commissioner for Taki ng AfTidavits
grn mld(C|rfr, r Corrnf*r,G
Pnilhor d Oilrlo, b Ctrffi f Catpty
i0r$llm. E9lrhr2l'101{
IEIEll
ggq
This is Exhibit "A" to the Affidavit of
TERzu RETZLER
Sworn the 18'h day of Febru&A,2014
/l
,/'r a,/
/// /' terrNc
A coMMKsroNrn rbn
AFFTDAVITS
Stn illd( gfxrh, r Coml$r, r:.,
otbo, fw Crrbd f Crytf
iCmd)lnc Entr.mr28'201{
nli,fnoc d
ffiin€
aitsiJ
courtFileNo.
R.
"r-*ffit
Plaintifr
-andITtrRMAJESTY
Tm QIIEEN IN RIGIIT OF Tm
PROVTNCE OF ONTARIO
Defendant
Proceeding under the Class Proceedings Act, 1992
ORDER
THIS ORDER arises from
a case conference held on Wednesday, January 15,2014,
at Osgoode Hall, 130 Queen Steet West, Toronto, Ontario.
ON EEARING the submissions of counsel for the Plaintiffand Defendant,
l.
TEIS COITRT ORDERS that a headng to consider approval of the settlment
agree,ment reached between thc parties, approval
of the proposed claims process and
approval of class counsel fees shall be heard on Febnrary 24
ad 25,20t4 at the
*Fairness
Hearingl).
Superior Court of Justice in Toronto, Ontario (the
2.
TflIS COIJRT ORDERS,
pursuant to the parties' agreemenf that Crau/ford Class
Action Services be and hereby is appointed as the administrator to receive objections
from the class members and to disnibute the notice of the Fairuess Hearing in
accordance with paragnph 4 below
(the'Adminishator").
I4 I&L
UgU
-2-
3.
THIS COIJRT ORDERS that the Defendant, within ten (10) days of this order, shall
deliver to the Administator and Plaintiffs counsel:
(a)
a list, with cunpnt contact information,
ofthe community agencies who
are
frrnded by the Defendant in providing services to members ofthe class; and
o)
an updated list
of class members, including last knorra contact inforuration
as cross-referenced
4.
with the Defendant's social assistaoce records.
THIS COURT ORDERS that notice of the Fairness Hearing shall be provided
as
follows:
(a)
the Adninistator shall, within three (3) days of receiving the list from the
Defendant refened
to in
pangraph 3(a) above, deliver
a notice, in
"A'
substantially the same form as the notice attached hereto as Schedule
(the "Short Form Notice') and atiac,hed hereto as Schedule
"8"
(the "Long
Form Notice'), by regulu mail or by email, to the community agencies
who are ftnded by the Defendant in providing seivices to members of the
class;
(b)
the Administator shall, within three (3) days of receiving the list from the
Defendant referred
to in paragraph 3@) above, deliver the Short Form
Notice and Iong Form Notice by regular mail to any person who was
mailed the notice
of
certification punuant
to paragnph 8(a) of
the
certification order dated Augtrst 19,2011, which mail was not retunred to
sender or who had an invalid address, and to any former resident on the
list
of class members which shall be provided by the Defendant in accordance
with paragraph 30) above;
(c)
the Adminisfator, or its designatg shall place, within ten (10) days of this
order, the Short Form Notice in the newspapeni set out in Schedule
attached hereto
if possible;
"C-
n ll4 of a page size in the weekend edition of each paper,
-3-
(d)
the Administator and Class Counsel shall post, within five (5) days of this
order, ttre Short Form Notice, Long Fonn Notice and
a copy of
settlement agreements on their respective websites until the date
the
of the
Fairness Hearing;
(e)
the Adminisbator, or its designate, shall within ten (10) days issue a press
release announcing tbe proposed settlement and advising nhere interested
peno$r may obtain additional information about the settlement and
Fairness Hearing;
(0
the Administrator shall forward the Short Form Notice and Inng Form
Notice, by nail or email, to any person who bas contacted Class Qsrrnsel
seeking information about this class action" and a list ofthe lames of those
persons sball be provided to counsel to the Defendant;
G)
the Administrator shall forward the Short Form Notice to any person nfio
requests it, and a list of the names shall be provided to Plaintiffs' Counsel
and counsel to tbe Defendant; and
(h)
the Adminisfiator shall establish a toll-free telephone support line within
Outario,
agency
to provide
assistance
stafl or other
to class members, family, guardiaos or
persons who make inquiries oa their own behalf or
on bebalf of class nembers;
5.
TmS COIJRT ORDERS
that the notice of the Fairness Hearing set out in paragraphs
4(a) and 4(c) above shall be completed in conjunction with uotice of the faimess
hearing in Bechard v. Ontuio (Court File No. CV-10-417343-0f CP) which sball be
heard at the same time as the Fairness Hearing.
6.
THIS COURT ORDERS, pursuant to the parties' agreemeot, that the expense of
notice in paragaph 4 above, as approved by the Court shall be borne by the
Defendant and shall be in addition to any amounts available to the class in the parties'
settlement agreements.
fiE TJU
t3-="
-4-
7.
THIS COURT ORDERS that a class member who wishes to make a written
objection may do so by delivering a signed objection, by Febnrary
lz,2ol4, to the
Adninisnator at the following address:
CRAWFORD & COMPANY
3-505, 133 Weber St N.
Waterloo, ON N2J 3C9
Attention: Rideau Regional Centrc Class Action
8.
TEIS COITRT ORDERS that the Administrator shall serve on the parties and fite
with the court, by February 18, 2014, or tbereafter but before the Fairness Hearing, au
affidavit including copies of
up until the date ofthe
dl witten objections received by Fcbruary 12,2014 and
affidavit
Fnt
ts t--
-
"rraf'RtT
ATono{ro
-op gOCn<|tr"
t
carsTRE
F'
tS.:
rrN 1 61011
JJ
E'
frRr?Afr'W
U
ifit;*
4iw,i
This is Exhibit'oB" to the Affidavit of
TERzu RETZLER
Sworn the 18* d*y of Febru 7U,20T4
li
/ l/
4J,
,/LUt,L,
t/t41"-L
t f -Itt
"t
A COMMISSIONER FOR TAKING AFFIDAVITS
Shnn Wtck Cllttr., r
Cocnl$tr'
*
ffiaio, ftrCt*tdf Ccrtfrf
Inc
Frplc fml ?A 2fi{
iCs'd)
Pior{rcoof
#4#
February A7,2Ot4
RIDEAU SETTI.EMEilI
:r-sot til3
WEBER STREFT NORTH
WATERLOO, ONTARIO,
Nzl3cg
COURT FlL"E NO: CV-10.411911
oBJECflON TOSgTTLEMENT
STATEMENT
I, GORDON JOSEPH SCANLON, HEREBY
OUE
TS TO TTIE PROPOSED SETITEMENT FOR THE
FOII.OWNG REASONS.
a
ctAlM FoRM sEcnoN'8"
REQUTRES DETA|rS OF'HA8![.5,UEEEEES," AND
5UppORilN6
DOCUMENTS.
gA
REQUEST FOR DOCI MENTS rS gErN6 PREPARED, HOWEVE& | HAVE CONCERNSTHAT
EVIDENCE SUPPORNNG MY CIAIM IS AVAIIABIE BUT NOT BEING DISCLOSED, IF SO, MY CI,AIM
MAY TAKE LONGER THAN THE REQUIRED 120 DAYS TO SUBMIT, THEREFORE, I ASK THE COURT
THAT S}IOULD THIS SITUATION ARISE, I WOULD REQUIRE MORE THAN 120 DAYs PENDING
APPEALS
Of THE PRIVACY ACT, AND ACCESS TO INFORMATION.
YOURS FORJUSTICE
GORDON SCANLON
Associatlon for Community Living Guelph &Welllngton
29 WOODYCREST DRIVE
GUEIPH ONTARIO
NIH 6E8
1-519-763.[842
r
stGNAruREb
.l
wfrNEss
trl, rt
0 -(.\
)l*
\ "l-
04
\JL .
Fet'1, Aott\
.
Fcl' '1, eoA .
[sur- S"fd-*oL.nf (,urdto.
.
Feceived - DMT
FEB | 0
O/2 ru- n-7QB
7
201{
R:167182?.0856?7
;3
t-
,
C)
Dertlnalion: Canada
/A
t@
(r)
I
&
* (
lexool
"-]
o|.,'
e
tf
-
'
'
l
Po:r:s
-- e*r=a )
9.13
-nr4r ' lar
I
F
G
Afl
E'|F
F
ff
st
rt-r
>|l:-
-
6*nl rrn
in
E3n
-ots
* covr9
I
O-
n
n
n
ru
=; en:
r.l
(tt
.\
- (JEn
ll'
{
{.)
5i-i€-
il,.:i*fiif,H
EE
EI t
- -= fl
.ct
t
*i
zl
r-/
s/
g
**
{1
L
{ -3&)
q
rO
FnJ
.t 3z
\-/
K
br
v 3
t f->
J -tt
v1 :
')
J
el
4
*{
EE
<il I
E: I
|-9
HE
a I
HY
Hfi
uu
fi: I
trl0
ctl
I
I
I
I
t
I
L-.-.
fld
-,
This is Exhibit "C" to the Affidavit of
TERRI RETZLER
Sworn the 1 8e day of Febru &ry, z}l.4
A COMMISSIONER FOR TAKING AFFIDAVITS
Sfffii ruid(Ofirn
hudnca d
rOonn*r'*'
ffirlq h Cntd f CatPrf
iCn*)lm Eqlrrlst4z0'f(
ReEler. Terri
To:
Groenewoud, Courtney
February-12-14 5:29 PM
Retrler, Teni
Cc:
LanE, Douglas; Tunett Deanna
Subfect:
RR-12-03320 Objections and request to speak at hearing
From:
Sent:
HeyTerri,
from Christopher Powers who was looking to object to the settlement and request to speak at the
hearing. He advised me that he needed help writing everything down and had nobody around to help him.
I received a call
As requested, here is the information needed.
Christopher Teddy Powers
Address: Knights Inn Motel, 1155 Princess St. Kingston, ON, K7M 381 Room 153
Phone Number: 613-5rt4{347
lwould fike to object to the settlement. Court File No. CV-10'411911
lwant to object everything.
lwould like to speak at the hearing.
Itried to get more of an objection out of him but he didn't. I advised him that this is not guaranteed but we will try. He
went on to ask if we could do everything in our power to let him speak at the hearing.
Let me know if you need any more information from me @
Thanks,
Courtney Groenewoud
Agent of the Administrator
Crawford Class Action Services
61G180 King St. South
Waterloo, Ontario
N2J 1P8
Telephone: 519 578 4053 Bd. 2924
Toll Free: 1 888 842 1331
Fax:519 5787739
E: [email protected]
Enhancing the customer experience, every day
*t"s
This is Exhibit ooD" to the Affidavit of
TERzu RETZLER
Sworn the 18th day of FebrudU,2}l4
A COMMISSIOMR FOR TAKING AFFIDAVITS
grn P*ld( gftttb, r Connl3:, G
nttrtdOilio,bCtrftdf CmF?
iCrdlhc Eehrl|$2qffit
Retzler, Terri
From:
Sent:
To:
Gc:
SubJect:
Roger Chartrand [[email protected]
February-12-14 4:54 PM
Rideau RegionalCenbe
Roger Chartrand; Retrler, Teni
Rejection notice to Rideau Regional Centre Class Action
To whom it may concern,
I have read the Notice of Proposed Settlement and Fairness Hearing and I am objecting to this Proposed
Settlement of Class Action Lawsuits.
I am the legal guardian for both of my brothersn Yvon Charrand (DOB - 1955/l l/14) and Richard Chartrand
(DOB-1958107114),past residents of the Rideau Regional Cente, where they lived for 3Gr years.
Both my brothers are considered non-verbal, due to their condition, having dual diagnosis (Fragile X Syndrome
and Autism) . Unfortunately, they cannot speak of their ordeal and express their own pain and suffering.
The chart that outlines the categories of harm that will be compensated in the Settlement by levels, does not
take in consideration the amount of years each resident was subjected to, by these harmful acts!
I would like to know how my objection of this settlement will really impact the courts decision and if I should
attend the hearing on February 24 &25, will I get a chance to speak to the court and represent my brothers
position.
I would appreciate a response to my objection.
Sincerely,
Roger Chartand
613-327-9178 (cell)
61 3-71 5-0508 (alternate cell)
hF ,i iJ
This is Exhibit "E" to the Affidavit of
TERRI RETZLER
Sworn the 1 8ft day of Febru &ry, 2014
,//. 1'l t
A COMMISSIONER FOR TAKING AFFIDAVITS
$fln Psht Gl[iltlq r Corn*tr' *
ProvlncedOilriq h0r*td f CatF"
iC$r.di) Inc Eqir lrdt 14 201{
Jan 102014
Ros.sHoffman
609-945 Dar-vl thive
Burtingtor ON
LTTOAI
Tel (90O
637{634
RE: Rideau Settlement
File CV-lG-{l
l9l
r
Or behalfof Raynond HofFnan, brother
While I do not objcct to thc ovenll scnlement. I do have a eongem for the calsulation of paymenb
are non-verbal as is the casc wih rny brottrcr Rayrnond. Ray has not spoken a word since
hc was two )€ars old. Therefore, there is no $ay that he can describe any ahsc that might have oecured.
naking it inpossible to document sueh abuse . which is also a rcquircment fot naking a clatm.
Alsq I might add, that any percon who is living in an abuive envimnmm( and is also non-verbal
rrculd likely bcourc a prime target of such abuse. since hcy would be rmable to ropon tt
I feel that non-verbsl claimants. should be cornpcnseted at some high* levcl, without having to
docurnent spccific wenls of abuse.
While I do not want to disnrpl the sedlement prccess. I did want to raise this concem and look
fonrard to somc modification of the claims proccss.
brchimurts who
e-&th
Ross Hoffinan
ry*
ttn
4 ^7
ttO
Ittt()t(t .
Ross C Hoffrnan
t:.g'.r*ed';Jpfl:;
'L
. cA
.l
*'ltlt31 llt '11
,
609-945 Daryl Drive
Burlington. ON
t.7T 0Al
fsrf.rf
LJ
. F cr:;:'\ ggcarl.nt:!..it
. c:H
t..t..,
$
Rideau Senlement
3-505, 133 Webcr Strcet North
Wstedoo. Ontario
N2J 3G9
Crawloltt rnd Company lnc.
$!
F"r!
{i:!
lfit
u
qal
l. b;
This is Exhibit "F" to the Affidavit of
TERzu RETZLER
Sworn the 18th day of Febru&ty,2014
A COMMISSIONER FOR TAKING AFFIDAVITS
gtrr
Corn*r, G
Catff
l5r
Pd|d( G|trt r
Pru,hor of mriq tr Crlffi f
2AS1'|.
iCrtdl lnc. Etpii
ffi?i?
g**n-
:,$itii
''
'lii' ,.
.
ar:il
't,:.i
i'i
lrlr:ixl
l
.liiti.i '1
:.i.;:
i:iri
f;$!
lri.lyr:1*
I:t
' ::.:.::l
.l:ata
-. ti
,i
'i lll:',
,ii Y,l;t,t
'
i'i:i.;
1,,,t.,,''1,,,
ii.i?;*
CLARKE et aI v. HURONIA RECIONAL CENTRE et aI
Plaintiffs
Court File No: CV-1041
l9l I
Defendants
ONTARIO
SUPERIOR COURT OF JUSTICE
Proceeding commenced at Toronto
Proceeding under the Class Proceedings Act, i,992
AFFIDAVIT OF TERRI RETZLER
(swoRN FEBRUARY 18, 2014)
KOSKIE MINSKY LLP
20 Queen Street West, Suite 900
Toronto, ON M5H 3R3
Kirk M. Baert LSUC#: 309420
Tef : 416-595-2117
Fax:41G204-2889
Celeste Poltak LSUC#: 46207A
Tel.: 416-595-2741
Fax: 416-204-2909
Solicitors for the Plsintiffs
66t388v1
s:r
P'l
ft3
DAVID MCKILLOP, et al.
Plaintiff
and
HER MAJESTY THE QUEEN IN RIGHT OF THE
PROVINCE OF ONTARIO
Court File No. CV-10-411191
Defendant
ONTARIO
SUPERIOR COURT OF JUSTICE
Proceeding commenced at
Toronto
Proceeding under the Class Proceedings Act, 1992
OBJECTIONS BRIEF OF THE PLAINTIFFS
KOSKIE MINSKY LLP
900-20 Queen Street West
Toronto, ON M5H 3R3
Kirk M. Baert
Tel: (416) 595-2ll7Eax (416) 204-2889
Celeste Poltak
Tel: (416) 595-270ltFax: (416) 204-2909
David Rosenfeld
Tel: (416) 595-2700lFax: (416) 204-2894
Jody Brown
Tel: (416) 595-27098ax: (416) 204-2815
Garth Myers
Tel: (416) 595-2l02lFax: (416) 204-4924
Lawyers for the Plaintiff
99 1309v
l

Download Report