Stephen Moreau Photo credit: Ian Brown of Ian Brown Photography
Stephen Moreau is a partner at the law firm Cavalluzzo LLP. Moreau is also the lead counsel on the Ontario Basic Income Pilot (OBIP) class action lawsuit.
The three-year OBIP was designed and implemented in April 2017 by Liberal Premier Kathleen Wynne. Unfortunately, the pilot launched just as Ontarians were about to enter the 2018 provincial election.
Conservative Doug Ford, campaigned on a promise to see the three-year pilot through to the end.
A total of 4,001 participants in Hamilton, Lindsay, Thunder Bay and the surrounding areas participated in the pilot with some being accepted well into the spring of 2018.
Close to 2,000 people made up the control group that would provide information about the effects of doing nothing to help those living below the poverty line.
Many OBIP recipients had been receiving Ontario Disability Support Program (ODSP) payments of about $1,200 per month. Other participants had been receiving Ontario Works (OW) payments of just over $600 per month.
Some participants were working multiple jobs but that combined income did not raise them up to the poverty line. When accepted into the OBIP these folks often quit one or more of their jobs to start their own businesses or spend more time with their families. Some also left work to go to college or university.
In exchange for regularly completing surveys and opening their lives up to researchers, those receiving monthly OBIP payments were excluded from any form of social service with the exception of medical coverage for former ODSP and OW recipients.
Participants in the OBIP received up to $17,000 per year for singles, $24,000 annually for couples. An additional $6,000 per year was available for persons with a disability even if they were working and not receiving OBIP payments.
Adjustments were made to OBIP recipients who continued working which meant not every recipient received the full monthly payment. And, as businesses took off and brought in more revenue, OBIP payments were adjusted down accordingly.
The control group received a $50 honorarium for each survey completed.
Then, on July 31, 2018 – just two months into their mandate – the Ford government cancelled the OBIP.
After public outcry, the Ford government gave OBIP recipients eight months to figure out how to pay for long-term commitments they had entered into or to look for jobs to replace those that were quit at the start of the pilot. The last OBIP payments were sent out March 25, 2019.
In August 2018, lawyer, social worker and City of Kawartha Lakes councillor, Mike Perry, filed a notice of action with the Ontario Superior Court of Justice for “anticipatory breach of contract, negligence, and misfeasance in public office.”
Perry was representing plaintiffs Dana Bowman, Grace Marie Doyle Hillion, Susan Lindsay and Tracey Mechefsk pro bono.
In March 2019 a class action lawsuit was filed on behalf of the 4,001 plaintiffs by Stephen Moreau and Kaley Duff of Cavalluzzo LLP seeking $200 million in damages, alleging breach of contract for the early cancellation of the pilot.
Moreau discusses how the cancellation of the OBIP was a breach of contract and why the four original plaintiffs now represent the 4,001 participants in the class action lawsuit.
We discuss why the original motion to certify the statement of claim was dismissed by the Ontario Superior Court and why the Ontario Court of Appeal disagreed with that decision.
We also talk about why having the Ontario Superior Court certify the class action on March 4, 2024 was a huge victory for the plaintiffs.
A copy of the Ontario Superior Court decision to certify the case can be found HERE.
Additionally, the court awarded the plaintiffs $320,000 to pay counsel for their time and expenses to date. Surprisingly, the Ford government has already paid this amount plus interest. Which begged the question, why didn’t Ford do what he always does and appeal this?
Moreau takes Small Change listeners through the next steps of this class action lawsuit and what a win for the 4,001 plaintiffs would mean.
It’s a short, but sweet, podcast today that’s well worth your time.
A reminder that the BIG Forum is taking place May 23rd to 26th in Ottawa.
A first of its kind Canadian forum, Basic Income Guarantee (BIG) has an amazing line up of speakers, contests, movies, books and workshops all centered around advancing a BIG in Canada.
Go to forum2024.ca for all the details about live, in-person events as well as virtual offerings. Registration is open!!!
The list of amazing speakers boasts labour economist Jim Stanford, health economist Evelyn Forget, climate expert Yves-Marie Abraham, as well as community activists Josephine Grey and Paul Taylor.
Disability Benefit advocate Rabia Khedr and former Ontario pilot participant Jessica Topfer, physician Dr. Danielle Martin, and mental health expert Dr. Kwame McKenzie round out the Canadian contingency.
Laura Cattari, senior policy analyst at the Hamilton Roundtable for Poverty Reduction (HRPR), OBIP recipient and plaintiff in the class action lawsuit will also be part of a panel.
Leading international expert, Ugo Gentilini, will speak to social protection policies and highlight lessons learned from the use of cash transfers during the pandemic.
An event that you won’t want to miss at the BIG Forum is Living Below the Line. Originally written as a play, Living Below the Line has been transformed into a one-hour film that gives space to the voices of those living in poverty. These folks are living below the poverty line as a direct result of political decisions and policies as well as a lack of political will to implement a BIG.
If you are interested in attending the BIG Forum happening May 23 to 26 register at: https://forum2024.ca/registration/
BIG was organized by Basic Income Canada Network (BICN).
Thanks to everyone who read today’s article and listened to my podcast. With your continued support, a little Nicoll can make a lot of change.
Music: Real Estate by UNIVERSFIELD is licensed under a Attribution 4.0 International License. freemusicarchive.org.
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Ontario Superior Court certifies OBIP class action lawsuit against the Ford government