TORONTO, April 10, 2017 /CNW/ - The statement of claim alleges that the issue of waitlists for desperately needed services has been a repeatedly identified issue for years, which Ontario has continued to ignore and failed to act upon in any reasonable manner. The claim alleges, among other things, that Ontario has been negligent, breached fiduciary duties, and breached duties it owes to the class members under the Canadian Charter of Rights and Freedoms, by virtue of these waitlists, some of which can last for years at a time as a result of the broken system.
The proposed class includes all persons in Ontario who were approved for developmental services through a Developmental Services Ontario office and subsequently placed on a waitlist, since July 1, 2011. The essential services denied to the class by virtue of the lengthy waitlists impact their most basic daily needs. The claim alleges the wait times are often indeterminate and will last for years, placing families in a perpetual state of crisis.
Marc Leroux as the litigation guardian of his daughter is the proposed representative plaintiff.
Kirk Baert, a partner at Koskie Minsky, has stated "This case concerns an issue that has plagued adults with developmental disabilities in Ontario for years. Multiple independent agencies have said change must be implemented time and time again but there has been none. The class members are in need of services to live their life and it is time they get what they have been promised and what they need and deserve. This case can finally effect real social change in this area".