On June 26, 2026, the Government of Ontario and Warwick (Rick) Brown, the court-appointed representative plaintiff in the Ontario Training Schools class action lawsuit, jointly announced that a $60 million settlement agreement had been approved by the Ontario Superior Court of Justice. The class action settles claims arising from historic neglect, deprivation, abuse, and solitary confinement suffered by individual harm while residing at 13 specific Ontario Training Schools between 1953 and 1984, on behalf of all individuals who qualify; thus, all qualifying induvial are automatically considered “Class Members”.
For some of the individual Class Members, this announcement marks a much-desired end to a traumatic chapter of their lives while offering the promise of compensation for the harm done to them while at an Ontario Training School.
For others individual Class Members, including people with very serious claims, those who remain unaware of this lawsuit or others who have circumstances which prevent them from making an informed decision about their involvement, the announcement marked the beginning of a countdown. The clock is now ticking towards the deadline in March 2027 when people considered to be class members will lose their right to opt-out of this settlement, and the second deadline for individual Class Members to apply and to ensure they receive their portion of this negotiated settlement.
In this two-part blog post, first I summarize key information for survivors who may be wondering whether it’s in their best interest to accept the settlement or to choose to opt-out and so keep their right to file an individual lawsuit. In the next post, I will explain why, while class action settlement will be seen as a victory and/or relief for some former residents, this class action has the potential consequence of limiting individuals’ legal rights while diminishing the sense of control that can be so important for abuse survivors.
The Ontario Training Schools Class Action Lawsuit – What Is It?
In 2017, a claim was filed under the Class Proceedings Act, 1992 against the Province of Ontario, alleging negligence, breach of fiduciary duty, and vicarious liability to the named plaintiff and all qualifying individuals, the “Class Members”, through the establishment, funding, operation, management, administration, supervision and control of multiple training schools (otherwise known as juvenile detention facilities).
The claim alleged that, due to systemic institutional failures, vulnerable and powerless children were subjected to a “toxic environment in which physical, sexual, and psychological abuse were widespread.” Describing these facilities as isolated, overcrowded and understaffed, the lawsuit alleged that staff was not qualified, appropriately trained, or adequately disciplined. Moreover, the suit contended “there was an absence of policies and procedures in place in respect of reporting, investigating, and preventing physical, sexual and psychological abuse.” This claim, unfortunately, accurately reflects the reality of many youth and juveniles who were placed into or forced into this system at a young age.
Shortly before trial, the matter was settled on behalf of all qualifying individuals. The proposed settlement structure was then approved by the court, and thus binds all the qualifying individuals. Class members who have not already officially opted out of this lawsuit must now decide within a matter of months whether they will accept the terms of this settlement and take part in the claims process, or preserve their right to file their own individual lawsuit.
Important Information For Potential Class Members.
- The financial terms of the settlement provide for that each individual is entitled to receive an award for general damages (otherwise known as pain and suffering) based on the nature of the harm the claimant/survivor suffered:
- Under Track 1, General Harms, an individual can get up to $5,000
- Under Track 2, Specific Harms including those who suffered sexual and physical abuses, based on the extent of the harms endured, an individual can get up to $100,000
- Anyone who attended a training school during a period covered by this lawsuit will be bound by the terms of the settlement unless they officially “opt out” by March 22, 2027.
- Any qualifying person covered by this class action who does not “opt out” by March 22, 2027 can or submit a claim to the claims administrator by September 22, 2027 deadline to get compensation.
Why Opting Out Can Make a Difference.
Missing the opt out deadline can pose a serious issue for those suffering from serious psychological or physical injuries from the abuse suffered at an Ontario Training School.
The class action settlement can be a disservice to those individuals who suffered serious consequences from the abuse. Survivors who suffered sexual abuse, physical abuse which caused disability or disfigurement, or those suffering from serious and prolonged mental health issues from physical or sexual abuse, may be entitled to far more compensation than that offered by the class action settlement.
Class members who may want to seek justice on their own at a later time may lose the ability to do so. Under this settlement, all class members are considered to have given up their right to bring their own lawsuit against the Province for harms suffered in an Ontario Training School.
This is a major change from the usual legal rights available to survivors in Ontario. In most cases, there is no statute of limitations for claims involving the physical or sexual abuse of a minor. The same is true where the abuse was committed by someone in a position of trust, authority, or dependence, such as a correctional officer, counsellor, or staff member at a residential facility.
If there had been no class action, an individual would normally be able to bring their own claim against an Ontario Training School whenever they felt ready. By bringing an individual claim, a survivor could pursue their own damages and choose their own path to justice.
Under the class action settlement, however, that right is automatically taken away unless the person opts out. Anyone who qualifies is bound by the terms of the settlement, even if they did not know the class action existed.
This is a serious concern because it may pressure some survivors to deal with these issues before they are ready. In effect, the settlement creates an artificial limitation period. Survivors who do not opt out may lose the chance to bring their own claim later, even when they are in a better position to do so.
It is in your interest to seek independent legal advice from a personal injury lawyer who has experience with historic institutional abuse and historic sexual abuse cases as soon as possible in order to make an informed decision before these deadlines pass.
What Should I Think About Before Deciding What To Do?
Determining whether or not to accept this settlement structure is a decision only a survivor (or a guardian acting on their behalf) can make. There is no wrong answer, just the one that works best for the survivor. It will likely depend on many factors, including:
- A survivor’s personal finances: there is value in getting the certainty, secured payment, and peace of mind offered by accessing the settlement; but by opting out, an individual gains the potential to access far more compensation by bringing their own an individual lawsuit;
- Desire and/or capacity to participate in a lawsuit: (completing this settlement’s claim process versus taking no legal action or filing an individual lawsuit at some point in the future);
- Willingness and ability to processing trauma: participating in this class action requires you to share information about the harm you suffered within a short window of time now; if you opt out and wish to bring your own claim later you can choose when you share your story;
- Personal justice: an individual may accepting the class action process and its results; or, they may choosing an alternate path, which can lead to a greater feeling of justice done or more complete sense of closure, especially for those still suffering significantly.
Who Can Help Me?
If you have questions about this settlement and/or the claims process, you can contact the Claims Administrator by phone, email, or mail here. If you decide to make a claim for compensation under the terms of the settlement and require help, you can also contact class counsel. There is no charge for these services.
If you want to obtain independent legal advice before making a decision, you may contact an experienced personal injury lawyer whose practice includes institutional abuse cases. Many personal injury lawyers, including the Gluckstein Lawyers team, offer free initial consultation sessions where survivors with potential claims can ask questions and learn about their various options.
This independent legal advice is extremely beneficial when making an informed decision. Often, lawyers will explain the risks and benefits of various actions with your specific circumstances in mind. These initial discussions are private, confidential, protected and free. Moreover, unless you ask a lawyer to represent you following an initial consultation, you are under no obligation to work with them in the future.
One Call Is Worth Your Time.
Making an important decision - especially ones involving the law, money, and difficult events or periods of your life - can be stressful. I have spoken to many people, just like you, who have questions or concerns about their legal rights in cases involving historic abuse but who may feel uneasy when talking about past traumas.
With great empathy and compassion, I will listen to you, take time to clearly answer your questions, and explain what you need to know to make the right decision for yourself and your loved ones.
Please contact me today to schedule a time to talk.