Former inmates and province settle lawsuit that alleged mistreatment, overcrowding at London jail
The $33-million lawsuit still has to be approved by a judge
A $33-million lawsuit against the province has been settled and thousands of former inmates of London's Elgin Middlesex Detention Centre could be eligible for money as compensation for mistreatment at the jail.
"The parties have agreed on what a settlement will look like, but it's all subject to court approval," said lawyer Kevin Egan, who represents the inmates in the class action.
"It's taken an extraordinary length of time to get to this point, and that speak to the complexities of the case, the sheer volume of documents that needed to be discovered, and the size of the class as well."
The inmates alleged overcrowding, lack of medical treatment, and lack of safety at the jail, which was built for 150 people but routinely held closer to 500 inmates.
If approved, the lawsuit will allow inmates who were at the jail between 2010 and 2021 to apply for compensation. How much depends on their level of suffering. The range is $1,500 for inmates who can prove "short term episodes of anxiety, depression, loss of sleep, nightmares and/or panic states" and up to $12,500 for those who have diagnosed PTSD, anxiety, depression or significant substance abuse because of their stay at the Elgin Middlesex Detention Centre (EMDC).
'Some closure'
Inmates who can prove they have sever anxiety, ongoing mental health treatment or serious injury as a result of their stay at the jail can get up to $35,000.
There were "hundreds of thousands" of documents that needed to be read through for evidence, including medical records and incident reports, Egan said. The settlement was reached before a trial proceeded. A judge will hear about it in September.
"I think that it's in the best interest of the class to have it settled now rather than to drag it out over another decade," Egan said.
"It does provide some closure and hopefully a leg up to the individuals who are going to get some benefit from the settlement."
As is normal in these types of cases, the settlement does not admit or deny guilt or liability.