On November 4, 2024, a judgment approving the settlement agreement in the class action Action Autonomie v. CISSS de la Montérégie-Centre et al (500-06-001109-202) was rendered by the Honourable Martin F. Sheehan, j.c.s.
The judgment can be accessed by clicking on this link.
Therefore, the claim period will begin on December 10, 2024 and end on August 11, 2025.
The class action sought compensation for preventive confinement that would have lasted longer than 72 hours, without judicial authorization and subject to a legal extension of custody. The Defendants deny the allegations made in the lawsuit and do not acknowledge their veracity.
the Settlement Agreement is intended to compensate people who have been placed under “Eligible Preventive Confinement”, a preventive confinement that has taken place between January 1, 2015, and November 4th, 2024, without a court order, and that has lasted beyond seventy-two (72) hours, subject to an extension of confinement. The following are excluded:
- Interruption situations: (i) a doctor or nurse has terminated preventive confinement or (ii) there has been consent to institutional confinement while in preventive confinement.
- Legal extension situation: (i) there was an extension of preventive confinement due to the fact that the 72-hour period ended on a Saturday or statutory holiday, in which case eligible preventive confinement is deferred until the end of the next working day, or (ii) a court order was issued authorizing the extension of the preventive confinement period.
If you meet the criteria, you must complete the Claim Form and provide the following documents, as applicable:
a) Claim by a Group Member in his or her own name:
i) Recognized proof of identity;
ii) Authorization forms (Annexes F and G);
iii) Supporting documentation for pecuniary claims, if any, such as meal expenses, parking fees and lost wages, if available;
b) Claim submitted by a curator, guardian or mandatary for a Group Member:
i) Sufficient evidence to demonstrate that the curator, guardian or mandatary has the legal authority to act on behalf of the represented Group Member;
ii) Recognized proof of identity of the represented Group Member and recognized proof of identity of the curator, guardian or mandatary;
iii) Authorization forms (Annexes F and G);
iv) Supporting documentation for pecuniary claims, if any, such as meal expenses, parking fees and lost wages, if available;
c) Claim submitted by the Liquidator or an Heir of a deceased Group Member:
i) The death certificate or a copy of the death certificate of the deceased Group Member;
ii) The results of a will search with the Quebec Bar and the Chambre des notaires, and a copy of the last will and testament, if applicable;
iii) Recognized proof of identity of the deceased Group Member and recognized proof of identity of the Liquidator or Heir submitting the Claim;
iv) Authorization forms (Annexes F and G);
v) Receipts for pecuniary claims, if any, such as meal expenses, parking fees and lost wages, if available.
The Claim Form is now available on the Claim Administrator’s website and can be completed by clicking on this link.
As per the Settlement Agreement, eligible members will receive an equal amount for each additional Day of Preventive Confinement, up to a maximum of $1,000 per day. Accordingly, it is not possible at this time to determine the amount that will be paid to each eligible class member.
Compensation payments to eligible members will be made by cheque within nineteen (19) months of the Effective Date of the judgment approving the Settlement Agreement. As cheques will be made payable as indicated on the claim forms, it is the responsibility of each member to ensure that the wording on the claim form is accurate.
Should you have any additional questions, please don’t hesitate to contact Ménard, Martin Avocats at 514 253-8044 or by e-mail at menardmartin@menardmartinavocats.com, indicating in the subject line that your question concerns the Action Autonomie class action. Please note that due to the high volume of calls and e-mails we receive, there may be a delay in getting answers to your questions.