HRC class action gets green light
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Posted By JENNIFER BURDEN, THE PACKET AND TIMES
Posted 1 month ago
The Ontario Superior Court gave the $1-billion Huronia Regional Centre lawsuit a green light to move forward as a class proceeding on Wednesday.
"Justice (Maurice) Cullity gave his oral ruling that he would certify the action as class proceeding with his reasons to follow," David Rosenfeld of Koskie Minsky LLP., the law firm representing HRC clients and their families, told The Packet & Times.
Rosenfeld said he expects Cullity to approve the time period from 1945 to 2009 for the class action.
For Lynda-Lou Gourlie, whose sister Diane was a resident at the HRC for 20 years beginning in 1959, the day symbolized a triumph for individual human rights.
"For me, I'm thrilled to think the institution, the HRC, is finally going to have all its systemic ill laid out for public consumption," Gourlie said. "It's fantastic that Diane should be included in this. She should never have to go through anything like this ever again."
She added that Cullity's decision has empowered residents who have worked so long to have their stories heard.
"A lot of them do have traumatic stories they recall. A lot of the people who were former residents were not disabled, just unwanted by their families," she said.
It is alleged that the defendant, the province of Ontario, breached its fiduciary, statutory and common-law duties to the residents of the HRC through the establishment, operation and supervision of the HRC.
The plaintiffs argue that the members of the class were emotionally, physically and psychologically abused and traumatized by their experience at the HRC.
The HRC, which opened in 1876 under the name of the Orillia Asylum for Idiots on the shores of Lake Simcoe, housed 2,600 people at its height in 1968.
In 2004, the provincial government announced their decision to close the HRC. At that point, fewer than 350 people were living at the HRC. On March 31, 2009 the HRC shut down.
"The plaintiff's were quite happy with Justice Cullity's decision. They were happy and sad at the same time (because of ) the experiences that they've suffered. But they liked the fact that the court has approved the action to go forward as a class proceeding," Rosenfeld said.
Rosenfeld said that pending appeal, which he said is common after a class-action certification decision, notices to the class will be sent out.
Rosenfeld said he expects Cullity's reasons for his decision within the next few days.
jburden@orilliapacket.com
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