Shelter Bed Class Action for Refugee Claimants
The following is information from Stieber Berlach LLP, Lewis Litigation and the Black Legal Action Centre. DVCLS is not involved in this class action.
Stieber Berlach LLP, Lewis Litigation and the Black Legal Action Centre, have commenced a class action proceeding against the City of Toronto on behalf of refugee claimants that have been negatively impacted by the discriminatory practice of excluding refugee claimants from shelter beds. This practice was in place between November 2022 and October 2023. This practice discriminated against vulnerable individuals, exposing them to homelessness and insecurity. Further, the City of Toronto directed refugee claimants to services that would not meet the housing needs of these individuals, further excabertaing challenges faced by refugee claimants. A copy of the Statement of Claim can be found here: https://www.shelterbedclassaction.com/areas-of-practice
Class Criteria:
- Are you a refugee, refugee claimant, or asylum seeker who sought shelter in the City of Toronto’s shelter system between November 7, 2022 and October 1, 2023 and were unable to obtain a shelter bed?
- a refugee, refugee claimant, or asylum seeker who sought shelter in the City of Toronto’s shelter system between November 7, 2022 and October 1, 2023 and were unable to obtain a shelter bed and were told to contact either Service Canada or IRCC?
- If you answered yes to either question, you may be eligible as a class member in this action.
What Is A Class Action And How Do They Work In Ontario?
A class action is a type of lawsuit where one or more persons collectively launch a lawsuit on behalf of themselves and other people in the same “class.” They are an effective vehicle for justice when a large number of people believe they have suffered the same or similar injuries. By acting together, the claims of all class members may be resolved in a single lawsuit rather than many individual lawsuits.
Under the Class Proceedings Act, class members are represented by one or more persons called “representative plaintiffs”. The representatives work with the lawyers on behalf of all other class members. Once the representative plaintiff or plaintiffs are identified, the class action will undergo certification and a judge will determine whether the case is appropriate to proceed as a class action. Once certified, the class members will be notified of the proceeding and have an opportunity to participate or opt out of the class action.
While class actions are complicated proceedings that involve many procedural steps to be successful, they serve as a powerful vehicle to bring justice to those who would face significant barriers to raising an independent claim.
Frequently Asked Questions
Will my involvement in the class action negatively impact my refugee claim, housing, or other benefits?
Participating as a class member does not disqualify you from accessing or receiving any benefits or housing, nor does it limit your ability to pursue your refugee claim. There are legal protections against reprisals or retaliation against you for asserting your rights. Our legal team will be happy to answer any questions about your specific concerns with respect to access to any services or impact on your refugee claim.
Do I have to hire a lawyer to participate in this action?
No. One of the benefits of a class action is the reduced cost for class members to advance their claims. According to the Class Proceedings Act, class members as a whole are not responsible to pay the fees of the class counsel. This class action will proceed on a contingency fee basis. This means that the lawyers bringing the action will only be paid if the class action succeeds. If successful, the lawyers will be paid a portion of the settlement or judgement, but only with court approval.
What kind of information will I be asked to provide as a class member?
Our friendly and helpful team is prepared to walk you through the intake process. When you contact our office, we will ask you for information about your status as a refugee claimant, information regarding when you attempted to access the Toronto Shelter System, and the results of that endeavour. Once you participate in the intake process, your information will be reviewed by a lawyer on the file to determine if you are a potential class member.
Where can I go for more information?
To participate in the intake process for this class action, please contact shelterbedclassaction@sblegal.ca to arrange a telephone call. You can also reach their team directly at (416) 594 – 6870.
Please note their office hours are 9am-5pm, Monday-Friday. Calls or emails received outside of that timeframe will be addressed the following business day.