Did you know…
You may be required to serve the Public Guardian and Trustee with notices in your class action! Sections 17(8) and 27.1(9) of the Class Proceedings Act requires service on the Public Guardian and Trustee “if there is a reasonable possibility that the Public Guardian and Trustee is authorized to act on behalf of one or more class or subclass members.”
Who is the Public Guardian and Trustee?
The Office of the Public Guardian and Trustee is the guardian of property of last resort for adults who have been found mentally incapable of managing their property. We serve 13,221 individuals across Ontario and ensure that their interests are protected, whether it be by ensuring that their rent and other necessary expenses get paid, managing any legal actions that they may be involved in, or filing claims for benefits (and compensation in class actions!) to which they may be entitled.
Our clients are all adults and are otherwise an incredibly diverse and varied group. They come from all walks of life and many of our clients have substantial assets. All of them are people who may have legal claims in class actions.
When should I serve the Public Guardian and Trustee with Notice of my Class Action?
You should consider serving the Public Guardian and Trustee with Notice if:
- You are representing a class of persons who were institutionalized, whether it be in a hospital, care facility, prison, or other institution which provided care in some way;
- A large number of your class members struggle with mental health or substance abuse issues;
- Your action may be based on something that resulted in grievous injury, particularly brain injury or otherwise affecting the class members’ cognitive ability;
- Your class action has a large number of First Nations, Métis, Inuit, or other Indigenous class members;
- Your class action affects persons who are developmentally disabled;
- Your class action has a large number of elderly class members.
The Public Guardian and Trustee may be served through our service email address at PGT-Legal-Documents@ontario.ca. If you are ever in doubt about whether to serve the Public Guardian and Trustee, it is better to err on the side of caution. Further, you can always contact the Public Guardian and Trustee to ask whether service on our office is necessary through our class actions email at: OPGT_Class_Actions_LSB@ontario.ca. We’re happy to chat!
Any article or other information or content expressed or made available in this Section is that of the respective author(s) and not of the OBA.