$600M lawsuit that includes a Sudbury institution is in settlement talks

The suit alleges that students were physically, mentally and sexually abused at the 13 institutions – including at Sudbury’s Cecil Facer School – between 1953 and April 1984. The exterior of Sudbury’s Cecil Facer School is shown here in July 2021. (File photo/Googe Images)

A decade-old lawsuit related to training schools for youth in Ontario – including one in Sudbury – is in settlement discussions.

Toronto-based Koskie Minsky LLP initiated the suit in 2015, covering anyone who lived at the schools and who was alive as of Dec. 8, 2015.

The suit alleges that students were physically, mentally and sexually abused at the 13 institutions – including at Sudbury’s Cecil Facer School – between 1953 and April 1984.

The time period for Cecil Facer begins in 1971, when it first opened, until April 2, 1984. The institution is scheduled to close in 2027.

“The plaintiff alleges that members of the class were physically, sexually and psychologically abused at the schools,” the lawsuit said.

Solitary confinement

“It is alleged that the Province of Ontario breached its fiduciary and common law duties to the class through the establishment, operation, and supervision of the schools.

“In particular, it is alleged that the Province of Ontario failed to care for and protect class members, which resulted in loss or injury, including psychological trauma, pain and suffering and loss of enjoyment of life.”

The training schools were detention facilities for children set up by the province. The suit says the students were subjected to “cruel and degrading punishment,” including the improper use of solitary confinement and other forms of abusive punishment.

The claim seeks $600 million for the estimated 21,000 survivors of the Ontario Training Schools.

The suit was formally certified in December 2018.

“The training schools contained a toxic environment in which degrading and humiliating treatment of children in the Crown’s care was the norm, physical, sexual, and psychological abuse was rampant, and residents of the training schools were systematically denied their dignity and basic human rights,” the amended statement of claim said.

Under the Ontario Training Schools Act, children under the age of 16 could be sent to the training schools for a range of reasons, including if they were found begging on the street, were orphans, truants, had alcoholic parents or had been convicted of petty crimes.

They were often sent to the schools for undetermined periods of time and weren’t allowed to visit with family.

The lawsuit said staff at the training schools were not qualified and “unskilled and unsuitable for dealing with children in their care.”

The Act was repealed in April 1984.

“The parties attended two days of mediation with a retired judge,” Koskie Minsky said in its most recent update.

“Settlement discussions are continuing between the parties. Please note that Koskie Minsky is not able to comment on the positions taken in settlement discussions as this information is subject to legal privilege.”

For more information on the case, click here.