Taskeen Ahluwalia

Following a successful motion to certify a class action regarding psychiatric treatment at the St. Thomas Psychiatric Hospital, the plaintiffs sought costs of $713,798.85 on a partial indemnity basis.

The Crown defendants opposed the quantum, arguing the fees were unreasonable and should be reduced by at least 50% or made payable in the cause.

The court rejected the defendants' arguments, noting they failed to provide their own bill of costs for comparison.

Applying the principles of reasonableness and the factors under Rule 57.01(1), the court fixed the plaintiffs' costs at $675,000 all-inclusive, payable forthwith.

The plaintiffs brought a motion to certify a class action against the Government of Ontario regarding the psychiatric treatment of patients detained in the PST Unit of the St. Thomas Psychiatric Hospital between 1976 and 1992.

The plaintiffs alleged that the 'PST Program' was an experimental, abusive therapeutic community that improperly delegated treatment and punishment decisions to 'patient-teachers', resulting in physical and psychological harm.

The court granted certification, finding that the pleadings disclosed causes of action for negligence, breach of fiduciary duty, vicarious liability, and breaches of sections 7, 12, and 15 of the Charter.

However, the court narrowed the common issues, certifying questions related to systemic negligence, fiduciary duty, vicarious liability, and limitation periods, while directing that Charter breaches, causation, and damages must be determined at individual issues trials.

The court concluded that a class proceeding was the preferable procedure to advance the claims of the highly marginalized class members.