Date Closed

March 9, 2020

Lead Office

Toronto

On March 9, 2020 the Ontario Court of Appeal released its decision in Reddock v. Canada, a class action on behalf of individuals who were subject to prolonged solitary confinement in federal prisons. The Court of Appeal upheld Justice Paul Perell’s decision granting summary judgement in favour of the class. In a unanimous decision, Justices Sharpe, Juriansz, and Trotter confirmed that Canada is liable to pay damages for its “clear disregard” for the class members’ Charter rights. The Court of Appeal also confirmed the $20 million award of Charter damages in favour of class members, which is the first of its kind in Canada. The Court of Appeal ordered Canada to pay the class’ legal costs and directed the commencement of proceedings to resolve class members’ individual issues.

McCarthy Tétrault LLP was co-counsel to the class with a team that included Michael Rosenberg, Charlotte-Anne Malischewski, Jacob Klugsberg, Paul Davis, Richard Lizius, Natalie Kolos, Jessica Mank, and Alexa Jarvis.