What’s New

    1. The law firm of Flaherty McCarthy LLP has commenced a multi-million dollar Class Action against Family and Children’s Services of Lanark, Leeds and Grenville, and others, seeking damages arising from a serious and unprecedented privacy breach. The allegations contained in the Statement of Claim have not yet been proven in Court. The proposed Class Proceeding seeks $75 million dollars in damages on behalf of 285 people and their family members whose names were on a list of 285 families involved with children’s services, which was leaked on Facebook. Those affected individuals should receive notice from CAS of the privacy breach. The CAS had contacted 194 of the affected individuals by April 25, 2016.
    2. At this point, the matter is a proposed class proceeding. As a class member, you do not have to do anything more to be involved in this lawsuit. You will be a member of the class until you are given the opportunity to opt out, which will be your choice.
    3. Class Counsel has commenced and served a new proposed Class Proceeding bearing Court File No. CV-16-557244-00CP.  This was necessitated by concerns raised by Counsel for the Crown Defendant that adequate notice of the original action had not been provided in accordance with applicable Statutes.  Rather than getting in to a lengthy dispute on this issue, we felt it was more appropriate to commence a fresh action that accorded with the applicable notice provisions.  This also allowed us to make several changes to the original claim to further particularize the allegations, causes of action and common issues.  This new claim has now been served on all parties.  At the appropriate time in the future, we will seek Court approval to discontinue the original action and proceed only on the new action.  This does not affect the rights of Class Members in any way.
    4. The Honourable Mr. Justice Perell has been appointed as the Judge responsible for managing this proposed Class Proceeding.
    5. A Judicial Case Conference was held on October 7, 2016 for the purpose of setting a Certification Motion Schedule.  Subsequent to this Conference, the plaintiffs have chosen to discontinue the action against all defendants EXCEPT Family and Children’s Services of Lanark, Leeds and Grenville and Jane Doe.
    6. The Certification Motion will proceed in November 2017.  The plaintiffs served their Certification Motion Record in January 2017.
    7. On December 21, 2017, we were successful in having the lawsuit certified as a class action. The litigation administrator, Deloitte LLP, will be providing notice to class members of the Certification Order and the opt-out process in early 2018.  Deloitte LLP will be providing this notice to class members based on their last known contact information stated in the private and confidential FCSLLG document at issue. Therefore, if you are concerned that the document may not have your most recent address and contact information, please contact Deloitte LLP at classactions@deloitte.ca.
    8. The Court appointed litigation administrator has now given notice that this matter has been certified as a Class Proceeding, in accordance with the Order of the Court.
    9. If you are a member of the Class and you wish to Opt Out of the Class Proceeding, click HERE.