Class Actions


Percival et al. v. His Majesty the King(T-1417-18) – Boarding Homes



Placement in Boarding Homes by the Government of Canada

This class action seeks to compensate individuals placed with a family by the government of Canada, for the purpose of attending elementary and/or secondary school (whether in an Aboriginal or urban community), as well as their family members, for the psychological, physical and sexual abuse committed there.

This action does not include placements for the purpose of attending a post-secondary institution, or placements within the child protection system.

We represent the Quebec Subclass, i.e., members who resided in Quebec at the time of their placement in a boarding home. Klein Lawyers represent the national group, i.e., members who resided outside of Quebec at the time of their placement.

Kenneth Weistche, who was the representative plaintiff for the members of the Quebec subclass, passed away on November 24, 2023. He was replaced by his wife, Annie Trapper Weistche. Since March 5, 2024, Annie Trapper Weistche has been the representative plaintiff for the Quebec subclass.

Latest news

On December 11, 2023, the Federal Court approved the Settlement Agreement reached on June 15, 2023 and presented  in September 2023. Judge Pamel’s reasons for approving the Settlement were issued on May 30, 2024.

Answers to the most frequently asked questions about the Indian Boarding School Program  Settlement Agreement and the claims process are available in the FAQs on the website: https://boardinghomesclassaction.com/faqs/

You can also find emotional and mental health resources here: https://boardinghomesclassaction.com/resources/

Eligibility Criteria

 To be eligible for compensation, the individual placed in a boarding home must have been:

  • alive on July 24, 2016 (individuals who passed away before this date are not eligible); and
  • placed in a private family to attend primary and/or secondary (high) school; and
  • placed between September 1, 1951, and June 30, 1992 (an individual placed after this date might be eligible if the placement was made by the Government of Canada).

Claim process

Please note that the claims process is now open: you have until February 22, 2027 to submit to submit a claim. The Forms are available on the website: https://boardinghomesclassaction.com/claim-forms

 To receive the forms by mail, you can contact the Claims Administrator (PwC):

Once the form(s) have been completed, you must send them to the Claims Administrator, by the means of your choice:

By email:
By mail: To whom it may concerns: Indian Boarding Home Class Action18 York Street, Unit 2500, Toronto, ON, Canada, M5J 0B2
By fax: Re: Indian Boarding Home Class Action1-833-912-5048

The Settlement Agreement includes two categories of compensation:

  • Category 1: $10,000 for placement in the Boarding Homes Program between September 1st, 1951 and June 30, 1992 for the purpose of attending elementary and/or secondary school;
  • Category 2: additional compensation between $10,000 and $200,000 in cases of physical psychological and sexual abuse during the placement.

Important

You do not have to choose between the two categories. You can file a claim for Category 1 AND a claim for Category 2.

If you wish to submit a claim for both categories, the Category 1 form must be sent before or at the same time as the Category 2 form.

For the Category 2 form, it is important to take your time to determine the level of compensation that corresponds to the abuse suffered, and to seek assistance if necessary.

You have the right to have a lawyer of your choice help you fill out your claim. It is highly recommended to consult a lawyer for Category 2 forms pertaining to abuse suffered. Canada will cover your lawyer’s fees without reducing your compensation.

 To find a lawyer, you can contact us:







Court Documents and Judgment


2024:

– Reasons for approval of the Settlement (May 30, 2024)

– Order Approving the Notice of Settlement, the Notice Plan and Claims Protocols (April 29, 2024)

– Order Substituting the Representative Plaintiff of the Quebec Subclass (March 5, 2024)

2023 :

-Order Approving Settlement Agreement (December 11, 2023)

– Order appointing the Clains Administrator (October 3, 2023)

– Court Order regarding the Settlement Approval Hearing and Legal Fees Approval Hearing (August 30, 2023)

– Notice of Motion (July 24, 2023)

– Affidavit of K. Weistche (July 24, 2023)

– Affidavit of L. Watts (July 24, 2023)

– Affidavit of I. McKay (July 24, 2023)

– Affidavit of A. McKay (July 24, 2023)

– Affidavit of L. Lemay Langlois (July 24, 2023)

– Affidavit of R. Percival (July 24, 2023)

– Affidavit of A. Klein (July 24, 2023)

– Affidavit of D. Cheechoo (July 24, 2023)

– Case Management Order Setting Fee Approval Motion timetable (June 15, 2023).

– Settlement Agreement (June 15, 2023).

– Order approving Notice of Certification and Settlement Approval Hearing (June 16, 2023).

– Notice of Certification and Settlement Approval Hearing (Long Form – June 15, 2023).

– Notice of Certification and Settlement Approval Hearing (Short Form – June 15, 2023).

– Opt-Out Form (June 16, 2023).

– Case Management Order setting Settlement Approval Hearing timetable (May 4, 2023).

2022 :

– Agreement in Principle (December 7, 2022)

– Court Order for Authorization (Certification) (June 28, 2019)


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NOTICE ABOUT OUR REGISTRATION FORM

Completing the form does not guarantee you any compensation.


Please note that completing this form does not guarantee you any compensation.

Indeed, it will ultimately be up to the court to decide on the merits of the class action and the terms of compensation. In addition, the eligibility criteria to receive compensation could be modified by the court, which could result in your exclusion from the class action.

Please also note that we will not conduct a detailed analysis of each individual case until there is a final judgment or settlement in the file. Completing this form does not mean that you are eligible.

We will inform the people who have registered of any final outcome in the class action. We will communicate with them by email. We invite you to notify us of any changes to your email address.

We also invite you to keep informed through our website which we will update regularly.

We thank you for your interest in this class action.