The statements below are Sotos LLP’s account of this case. They reflect allegations or the firm’s position and have not been determined by a court unless a settlement or judgment is noted.
Latest update
June 3, 2026: The Plaintiffs have amended their statement of claim clarifying the scope of this class action.Ontario has delivered its amended statement of defence to respond to the amended claims. It has raised many defences to the claims explaining why it asserts that Ontario has no liability for the claims that have been asserted against it. The Plaintiffs have delivered their reply to Ontario’s amended statement of defence. All the pleadings are available under the “Documents” tab. Survey data gathered from class members’ responses to the survey circulated by Class Counsel has been provided to an expert statistician to assist in in accurately estimating the Class’ damages. We are awaiting the statistician’s report, which will be confidential and litigation privileged. As a reminder, Sotos LLP is not affiliated with the Facebook group discussing the Crown Wards Class Action, and we do not regularly monitor its contents. Questions for Class Counsel should be sent directly to us, and not posted on the Facebook page. March 9, 2026: the statement of claim and the certified common issues were amended by order of the court.The amendments clarify that the scope of this class action is about the alleged failure of the Crown to advance and protect the class members’ interests in recovering compensation from the Criminal Injuries Compensation Board. The amended common issues reflect the changes made to the amended claim.This class action does not cover claims for damages for class members’ individual harms suffered during their Crown Wardship except to the extent that they were compensable by the Criminal Injuries Compensation Board. Class members who suffered abuse while they were Crown Wards can pursue those claims against Ontario or any perpetrators of the harms by bringing their own individual actions. Sotos does not act for Crown Wards in respect of those individual claims.These changes are intended to reduce confusion about the focus and scope of the claim and facilitate settlement discussions and any future trial, if necessary. September 16, 2025: Class Counsel sent an email to class members asking for their assistance by completing a survey. The email and the link to the survey are legitimate, and we thank class members for taking the time to complete the survey. To access the emailed notice containing the link to the survey, please click here . The survey will expire on October 16, 2025. October 24, 2024: We have learned that individuals unaffiliated with our law firm have started a Facebook group discussing the Crown Wards Class Action, and asked potential class members to share with them the class members’ private and confidential historic Children’s Aid Society (CAS) records, and other documents relating to their status as Crown Wards.The Facebook group on which these requests are being made is not affiliated with our law firm. The individuals hosting the Facebook page have nothing to do with our law firm . These requests for your private information are improper.You should never give your confidential information to anyone who is not your own lawyer, Class Counsel, or a trusted advisor.We strongly advise class members to only communicate with our firm with respect to the Crown Wards Class Action. We will answer your inquiries as soon as we are able. May 26, 2021: The Ontario Superior Court of Justice dismissed a motion to approve a proposed settlement of the class action. Leave to appeal this decision was denied by the Ontario Divisional Court on September 20, 2021. The parties are now in renewed settlement discussions through mediation. March 30, 2017: This action was certified as a class proceeding.
Source: Sotos LLP
About This Case
Crown Wards (Ontario)
The Claim: This class action alleges that the Government of Ontario failed in its duties to advise the children in the permanent care of the province (“Crown Wards”) who were victims of criminal abuse, neglect or other tortious acts before and/or while they were Crown Wards of their rights to commence lawsuits and/or to make applications to the Criminal Injuries Compensation Board. This class action also alleges that, in certain circumstances, the Government of Ontario failed in its duties to take steps to protect the legal rights of Crown Wards in respect of these potential lawsuits and/or applications to the Criminal Injuries Compensation Board.
Ontario is the only Defendant. Neither individual abusers nor any Children’s Aid Society (“CAS”) entities are named as defendants, nor will they be bound by the outcome of the class action. The class members’ claims for the harms that they have suffered by abusers are not part of this class action. Those abuse claims are individual claims that every Crown Ward is entitled to pursue on their own.
This proceeding was certified as a class proceeding on March 30, 2017.
The Class: All persons who were alive as of January 22, 2012, who became Crown Wards in Ontario at any time from the period on or after January 1, 1966 until March 30, 2017. Crown Wards meeting these criteria are automatically included in the class action unless they opted out by the deadline of March 11, 2018.
When the action was commenced in 2014, there were limitation periods which may have prevented commencing lawsuits against individual abusers (and any organizations responsible for the abuse). However, in 2016, the law was changed to eliminate limitation periods for civil claims of sexual assault and physical abuse of minors, so these claims can now be pursued by class members when or if they wish to do so. Class members are encouraged to seek legal advice about pursuing such claims, which are outside the intended scope of the class action.
Class members who experienced abuse before or while they were Crown Wards may also be able to access services or potentially qualify for compensation from Ontario’s Victim Crisis Assistance programs. Information about getting assistance is available here.
Updates
The Ontario Government is now financing up to 4 hours of free independent legal advice for victims of sexual abuse. This includes for victims of historical sexual abuse. More information about this program can be found here. If you have suffered sexual abuse while you were a Crown Ward, we encourage you to take advantage of this free service.
June 3, 2026: The Plaintiffs have amended their statement of claim clarifying the scope of this class action.Ontario has delivered its amended statement of defence to respond to the amended claims.
It has raised many defences to the claims explaining why it asserts that Ontario has no liability for the claims that have been asserted against it.
The Plaintiffs have delivered their reply to Ontario’s amended statement of defence.
All the pleadings are available under the “Documents” tab.
Survey data gathered from class members’ responses to the survey circulated by Class Counsel has been provided to an expert statistician to assist in in accurately estimating the Class’ damages. We are awaiting the statistician’s report, which will be confidential and litigation privileged.
As a reminder, Sotos LLP is not affiliated with the Facebook group discussing the Crown Wards Class Action, and we do not regularly monitor its contents. Questions for Class Counsel should be sent directly to us, and not posted on the Facebook page.
March 9, 2026: the statement of claim and the certified common issues were amended by order of the court.The amendments clarify that the scope of this class action is about the alleged failure of the Crown to advance and protect the class members’ interests in recovering compensation from the Criminal Injuries Compensation Board. The amended common issues reflect the changes made to the amended claim.This class action does not cover claims for damages for class members’ individual harms suffered during their Crown Wardship except to the extent that they were compensable by the Criminal Injuries Compensation Board. Class members who suffered abuse while they were Crown Wards can pursue those claims against Ontario or any perpetrators of the harms by bringing their own individual actions. Sotos does not act for Crown Wards in respect of those individual claims.These changes are intended to reduce confusion about the focus and scope of the claim and facilitate settlement discussions and any future trial, if necessary.
September 16, 2025: Class Counsel sent an email to class members asking for their assistance by completing a survey. The email and the link to the survey are legitimate, and we thank class members for taking the time to complete the survey. To access the emailed notice containing the link to the survey, please
click here. The survey will expire on October 16, 2025.
October 24, 2024: We have learned that individuals unaffiliated with our law firm have started a Facebook group discussing the Crown Wards Class Action, and asked potential class members to share with them the class members’ private and confidential historic Children’s Aid Society (CAS) records, and other documents relating to their status as Crown Wards.The Facebook group on which these requests are being made
is not affiliated with our law firm. The individuals hosting the Facebook page have nothing to do with our law firm. These requests for your private information are improper.You should never give your confidential information to anyone who is not your own lawyer, Class Counsel, or a trusted advisor.We strongly advise class members to only communicate with our firm with respect to the Crown Wards Class Action. We will answer your inquiries as soon as we are able.
May 26, 2021: The Ontario Superior Court of Justice dismissed a motion to approve a proposed settlement of the class action. Leave to appeal this decision was denied by the Ontario Divisional Court on September 20, 2021. The parties are now in renewed settlement discussions through mediation.
March 30, 2017: This action was certified as a class proceeding.
Source: Sotos LLP
Who May Be Eligible
All persons who were alive as of January 22, 2012, who became Crown Wards in Ontario at any time from the period on or after January 1, 1966 until March 30, 2017. Crown Wards meeting these criteria are automatically included in the class action unless they opted out by the deadline of March 11, 2018.
Source: Sotos LLP
How to Register
No. If the lawsuit is certified, and you are included in the class as defined, you are automatically included in the lawsuit.
Source: Sotos LLP
Frequently Asked Questions
What is a class action?
A class action is a special form of lawsuit in which one plaintiff brings a claim against one or more defendants based on allegations which are common to a group, or class, of people. In order for the action to become a class action, it must proceed through a stage known as "certification".
Who brings a class action lawsuit forward?
A statement of claim is issued on behalf of a "representative plaintiff". The representative plaintiff's role is to work with class counsel to bring the action forward and to represent the class members in court.
What is certification?
In order for an action to proceed on behalf of the entire class, a judge must decide (among other things) whether the members of the proposed class have common issues, and whether a class action is the preferred way to resolve the issues. The process to decide these issues is known as the "certification motion". If the judge is satisfied that the case meets all of the requirements for certification, he or she will issue an order which certifies the action as a class action.
Do I have to do anything to "join" the lawsuit?
No. If the lawsuit is certified, and you are included in the class as defined, you are automatically included in the lawsuit.
Once I am part of the class do I have to do anything?
No. We will work primarily with the class representative.
What if I do not want to be included in the lawsuit?
Those who do not wish to remain in the class will be given the option to opt-out by sending an opt-out form at the appropriate time to us.
Source: Sotos LLP
Disclaimer: This information is sourced from Sotos LLP. It is provided for general information only and does not constitute legal advice. Always verify details with the original source before taking any action.
Legal disclaimer: Information on this page is general in nature and does not constitute legal advice. ClaimBar tracks class action settlements and provides updates. Always seek professional legal advice for your specific circumstances.
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