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Siskinds LLP represents the Plaintiff in a proposed class proceeding brought against Hatts Off. Hatts Off is a Hamilton-based corporation which establishes and operates for-profit group homes, foster homes, and independent specialized programs. The Plaintiff’s claim alleges, among other things, that Hatts Off and others were negligent in their operation of the homes and breached their fiduciary obligations to children and young people in their care. Specifically, it is alleged that, among other things, Hatts Off did not adequately provide for the physical, emotional, developmental or educational needs of children in its care and/or have in place policies or procedures to use reasonable care to ensure the safety, well-being and protection of Class Members.

The case was initiated by Statement of Claim on February 27, 2023. The proposed class action is brought on behalf of any child or young person who is receiving or has received residential care from the Defendants or their affiliates.

Siskinds is investigating similar allegations in respect of other group homes in Ontario. If you have any information that you think may assist our investigation, please contact us at [email protected]. Any information communicated will remain strictly confidential.

Global News interviewed class actions lawyer Tyler Planeta, about the investigation: Ontario youth group home chain hit with $60 M proposed class-action over alleged 'abuse'.

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Questions?

Email [email protected] or call us toll-free at 877.705.0663.

Developments

The Statement of Claim was filed with the Hamilton Court on February 27, 2023.  Litigation in this proposed class action is moving forward.  The Plaintiff has served his certification record, but a date to hear the Plaintiff's motion for certification has not yet been set.

FAQs

What is a class action?

A class action is a lawsuit that is brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.

What does “certification” mean?

Certification is the motion where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).

Do I have to pay anything to participate in the class action?

Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.

Who is affected by the Hatts Off class action?

You are affected by the class action and are a “member” of the class if you received residential care from Hatts Off or their affiliates while you were a child or young person.

Can I join the class action?

There are no steps required to “join” the class action. Assuming you fall within the scope of the class definition, you are automatically included in the class action unless you “opt-out” (exclude yourself from the class action).

Can I opt-out of the class action?

Yes. Once the class action has been authorized or certified, you will have the opportunity to opt-out of the class action within a period of time to be determined by the Court. If you exclude yourself, you will not be entitled to any compensation awarded under a settlement agreement or court order. You may however pursue your own action on an individual basis.

Generally, class members will wish to exclude themselves from a class action if they intend to bring their own individual action. In the majority of cases, it will be more economical to participate in the class action because the legal costs will be shared among a very large number of people.

What should I do to protect my rights?

To protect your rights, you should :

  • Keep any documents which show your connection to Hatts Off; and
  • Register to receive updates on this case by filling out the form below.

All personal information provided will remain private and confidential.

The Statement of Claim was filed with the Hamilton Court on February 27, 2023.  Litigation in this proposed class action is moving forward.  The Plaintiff has served his certification record, but a date to hear the Plaintiff's motion for certification has not yet been set.

What is a class action?

A class action is a lawsuit that is brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.

What does “certification” mean?

Certification is the motion where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).

Do I have to pay anything to participate in the class action?

Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.

Who is affected by the Hatts Off class action?

You are affected by the class action and are a “member” of the class if you received residential care from Hatts Off or their affiliates while you were a child or young person.

Can I join the class action?

There are no steps required to “join” the class action. Assuming you fall within the scope of the class definition, you are automatically included in the class action unless you “opt-out” (exclude yourself from the class action).

Can I opt-out of the class action?

Yes. Once the class action has been authorized or certified, you will have the opportunity to opt-out of the class action within a period of time to be determined by the Court. If you exclude yourself, you will not be entitled to any compensation awarded under a settlement agreement or court order. You may however pursue your own action on an individual basis.

Generally, class members will wish to exclude themselves from a class action if they intend to bring their own individual action. In the majority of cases, it will be more economical to participate in the class action because the legal costs will be shared among a very large number of people.

What should I do to protect my rights?

To protect your rights, you should :

  • Keep any documents which show your connection to Hatts Off; and
  • Register to receive updates on this case by filling out the form below.

All personal information provided will remain private and confidential.

Contact Us

Join to stay informed about the progress of this class action.

Your information will be maintained and used in accordance with our privacy notice. Completing this form does not create a lawyer-client relationship with Siskinds LLP or Siskinds Desmeules s.e.n.c.r.l. or any of their personnel, nor does it impose any obligations related to the class action or otherwise.

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