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Divisional court File No 400/03
Court File No. 02-CV-22460 CP
ONTARIO
SUPERIOR COURT OF JUSTICE
| The Honourable Justice M. Cullity
| )
| Monday, the 27th day of June,
| | 2005
| )
| 2005
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BETWEEN
ANNE LARCADE, ALEXANDRE LARCADE, by
his Litigation Guardian ANNE LARCADE
Plaintiffs
- and -
HER MAJESTY THE QUEEN IN RIGHT OF
ONTARIO, as represented by
The MINISTER OF COMMUNITY AND SOCIAL SERVICES
Defendants
Proceeding under the Class
Proceedings Act, 1992
ORDER
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:
- the merits of these proceedings,
- any settlement or other resolution of these
proceedings; or
- the right and claims of class members in connection
with these proceedings including their rights to opt
out of the class; and
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.
/signed/
ENTERED AT / INSCRIT À TORONTO
ON /BOOK NO:
LE / DANS LE REGISTRE NO.:
JUL 04 2005
AS DOCUMENT NO.:
À TITRE DE DOCUMENT NO.:
PER/ PAR:
(initialed)
Schedule "A" to the Order
ONTARIO
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.
Certification
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
Toronto, Ontario
M5J 2R8
Tel: (416) 362-1989
Fax: (416) 362-6204
Email: info@reko.ca
Web: www.reko.ca
PLEASE DO NOT CALL JUSTICE CULLITY OR THE REGISTRAR
OF THE COURT. THEY WILL NOT BE ABLE TO ANSWER YOUR
QUESTIONS ABOUT THE LAWSUIT.
Date:
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