The Province of Ontario and lawyers representing the survivors of the Huronia Regional Centre reached an historic $35 million settlement, reflecting an ongoing change in attitude regarding institutional accountability, says one industry expert.
“The lawsuit responds to an unusual set of circumstances and reflects the trend over the last few decades towards accountability of organizations for institutional abuse which they may have facilitated,” Steve Kee of the Insurance Bureau of Canada told InsuranceBusiness.ca. “It is not unusual for class actions to settle once they have been certified in light of the economics of litigation.”
The apology is a key settlement term, and one that the survivors and their legal representatives had insisted upon – a settlement that came only hours before the commencement of proceedings.
“I'm so relieved,” said Patricia Seth, a Huronia survivor, who is pleased that the government is issuing a formal apology to all former residents of HRC. “Now everyone will know I wasn't lying about how they treated me in that place. I'm glad they're going to apologize.”
According to Kee, the settlement represents a move towards greater accountability by organizations in cases of institutional abuse, and a pragmatic decision by Queen’s Park to avoid a lengthy court battle at the taxpayers’ expense. And although the $35 million settlement is considerable, Kee doesn’t anticipate it affecting municipal coverages.
“From what I’ve been told this settlement should have no direct impact on municipal insurance,” he said. “It is a provincial issue.”
Kirk Baert, lead counsel to the plaintiffs with the firm Koskie Minsky, is happy that survivors will be able to access the settlement fund without having to testify about the abuse they suffered while in the government’s care at HRC.
“We couldn't be happier,” said Baert. “These survivors have been through enough. We needed to make sure they got the compensation they deserved.”
Preliminary details of the settlement, subject to court approval, are:
