The plaintiffs, former inmates of the Elgin-Middlesex Detention Centre, brought a motion to certify a class action against the provincial Crown alleging systemic negligence and Charter breaches resulting from overcrowding and inadequate supervision.
The Crown opposed certification and moved to strike portions of the claim and evidence.
The court struck the claim for breach of fiduciary duty but found the pleadings otherwise disclosed reasonable causes of action in systemic negligence and Charter breaches.
The court admitted the plaintiffs' evidence for the limited purpose of the certification motion and concluded that all criteria under section 5(1) of the Class Proceedings Act were met.
The motion for certification was granted.
