Divisional court File No 400/03
Court File No. 02-CV-22460 CP
SUPERIOR COURT OF JUSTICE
ANNE LARCADE, ALEXANDRE LARCADE, by his Litigation Guardian ANNE LARCADE
- and -
HER MAJESTY THE QUEEN IN RIGHT OF
ONTARIO, as represented by
The MINISTER OF COMMUNITY AND SOCIAL SERVICES
Proceeding under the Class Proceedings Act, 1992
THIS MOTION by the Plaintiffs for an Order regulating the communications of the Defendant, disclosure of the identities and contact information of the Class Members identified by the Defendant and interim notice to the Class Members by the Defendant, was heard this day at the Courthouse at 393 University Avenue, Toronto, Ontario.
ON HEARING the submissions by counsel for the parties:
1. THIS COURT ORDERS that the Defendant may not communicate directly or indirectly, through Children's Aid Societies, other agencies or otherwise, with class members with respect to:
may not lawfully bind such class members by agreement or otherwise in any manner that might prejudice or adversely affect their claims, rights and interests in these proceedings.
2. THIS COURT ORDERS that within 14 days of this Order the Defendant shall use its best efforts to obtain the names and addresses of the Class Members from Children's Aid Societies and shall there upon provide such members at its expense, with a copy of the notice substantially in the form attached to this Order as Schedule "A".
3. THIS COURT ORDERS that within 2 days of providing each notice referred to in paragraph 2 of this Order, the defendant shall deliver to Roy Elliott Kim O'Connor LLP ("REKO") the names and addresses of the person to whom such notice was provided.
4. THIS COURT ORDERS that the costs of this motion are to be dealt with on the return of the pending motion of the defendant and the cross-motion of the plaintiff.
ENTERED AT / INSCRIT À TORONTO
ON /BOOK NO:
LE / DANS LE REGISTRE NO.:
JUL 04 2005
AS DOCUMENT NO.:
À TITRE DE DOCUMENT NO.:
Schedule "A" to the Order
SUPERIOR COURT OF JUSTICE
Notice published under section 19 of the Ontario Class Proceedings Act
SPECIAL NEEDS CHILDREN CLASS ACTION
LARCADE v. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
Court file No. 02-CV-224460 CP
You are receiving this notice because the defendant, the Government of Ontario, has identified you, as potentially a class member in the above-referenced class action lawsuit.
On May 13, 2005, the Ontario Divisional Court certified this lawsuit as a class proceeding. As a result, if the lawsuit is successful, you may be able to recover damages as a result of how the defendant, the Provincial Government provided or failed to provide services to you and your special needs child. It is alleged in the statement of claim that the Provincial Government's failure to provide services to the class required a number of class members to surrender custody of their special needs children to the Province.
The law firm of ROY ELLIOTT KIM O'CONNOR LLP ("REKO") has been appointed as class counsel and approved by the Divisional Court to act for the Class Members in the class action. REKO is required to protect your legal rights as they relate the class proceeding. If you have any questions about this class action or if you wish to receive information about this class action you should contact REKO at the address below.
The Court has not yet determined whether the lawsuit will be successful.
The Court must still determine a number of issues affecting your rights in relation to this class action including the class definition and the common issues. You will receive a further notice once the Court has determined those issues.
Return of Custody - Ministry of Child and Youth Services Plan
The Provincial Government has recently announced its intention to return custody of special needs children to parents who were required to surrender custody. You may receive a proposal from the Government or a Children's Aid Society to regain custody of your special needs child. Your decision about this proposal may affect your rights in this lawsuit.
You are entitled, and should seek, independent legal advice from a qualified lawyer regarding any proposal to return custody of your special need child to you.
For more information about this class action lawsuit, please contact Sasha Dmitrenko of Roy Elliott Kim O'Connor at (416)362-1989 or at the address below:
ROY ELLIOTT KIM O'CONNOR LLP
10 Bay St., Suite 1400
Tel: (416) 362-1989
Fax: (416) 362-6204
PLEASE DO NOT CALL JUSTICE CULLITY OR THE REGISTRAR OF THE COURT. THEY WILL NOT BE ABLE TO ANSWER YOUR QUESTIONS ABOUT THE LAWSUIT.