Proposed $33M settlement reached in class actions over conditions at EMDC

Under the proposed settlement, the province will pay nearly $32.8 million to class members detained at the jail during a period of nearly 12 years.

A proposed settlement has been reached in two class action lawsuits against the province over conditions at London’s Elgin-Middlesex Detention Centre, and allegations that thousands of inmates were deprived of their Charter rights while at the troubled provincial jail.

Under the proposed settlement, still subject to approval by a judge, the province will pay nearly $32.8 million to class members detained at the jail during a period of nearly 12 years — between Jan. 1, 2020 and Nov. 10, 2021 — including those held pending trial or other court appearances.

The actions alleged that conditions at the jail, located along Exeter Road in south London, were overcrowded, unsanitary, dangerous and violent, according to a notice of proposed settlement being distributed to class members.

In addition, the class actions alleged that the province was “systemically negligent and deprived Class Members of their rights” guaranteed under section 7 and section 12 of the Charter of Rights and Freedoms in its operation and management of the jail, the notice says.

“Our obligation is to the class in general, and I think that this is in their best interest to have it settled now rather than continue in the process,” said Kevin Egan, a lawyer with London-based law firm McKenzie Lake Lawyers.

News of the proposed settlement was first reported by the London Free Press. Global News contacted the Ministry of the Solicitor General for comment but did not receive a response by publishing time.

The settlement would be disbursed in payments of between $1,500 and up to $35,000 to individual class members or their families depending on the compensation level they fall under.

Those incarcerated at the jail for at least 24 hours who can establish that they “suffered some detrimental impact” from their time at the jail, such as depression, loss of sleep, nightmares, and/or panic states — considered a level 1 claim — may be eligible for $1,500.