Welcome to the Official Dr. Barwin Class Action Website
Settlement Agreement has been approved
The Settlement Agreement has been approved and that approval will become effective on December 1, 2021, subject to any appeals. The Claim deadline will therefore be February 28, 2022, subject to any appeals. Please ensure that you submit your Claim Package before the deadline. The order approving the Settlement can be found here.
Did you and/or your spouse undergo Artificial Insemination treatment with, or entrust your semen to Dr. Norman Barwin, resulting in the birth of a child whose biological paternity does not match your consent?
If YES, you may now make a claim for compensation
The Ontario Superior Court of Justice has approved a $13.375 Million settlement in the Dr. Norman Barwin Class Action on November 1, 2021.
The class action was launched in November 2016 by Davina Dixon, Daniel Dixon and Rebecca Dixon. In 1989, Davina and Daniel went to Dr. Barwin for assistance in conceiving a child. He performed artificial insemination and Rebecca was born on June 1, 1990. Up until 2016, all three believed Rebecca was the biological child of Davina and Daniel. However, DNA testing disclosed that in fact Dr. Barwin is Rebecca’s biological father.
Since 2016, many other former patients have come forward and the class action has helped them pursue answers about the true biological parentage of their children.
The settlement of the class action provides compensation to those patients and their children where the DNA of the children is not as was intended by the parents at the time of the artificial insemination performed by Dr. Barwin. It also provides compensation to former patients who had entrusted their semen with Dr. Barwin either for safe-keeping or for a specific intended use, but which was used by Dr. Barwin in the insemination of another patient, and which resulted in offspring.
To assist other former Dr. Barwin patients seeking answers, part of the settlement will go towards the operation of a DNA database to be coordinated by Orchid Pro DNA Laboratories. It will permit former patients who entrusted semen with Dr. Barwin and those children who do not know the identity of their biological father is to determine if there are any matches. This process will permit the comparison of DNA between patients and offspring in a controlled and private database with agreements in place in the event a match is found. The lawyers representing the plaintiffs encourage any former patients who wish to participate in the DNA database to get in touch with them as soon as possible to start that process.
AM I A MEMBER OF THE CLASS?
The class action includes three Plaintiff classes:
HOW TO MAKE A CLAIM?
You must submit a Claim Form and send it to the claims Administrator along with the OrchidPro legal DNA test or other compelling evidence that proves your claim. You can obtain and complete the form here.
Please follow the instructions on the Claim Form carefully. Class Counsel is available to help you complete the form and send your DNA test results to the Claims Administrator.
You will need to swear an oath that the information you provide on the Claim Form is true.
You can email a copy of your claim form to [email protected] .
You can also mail a copy of your Claim Form. You must mail your Claim Form by February 28, 2022.
RicePoint Administration Inc.
P.O. Box 4454, Toronto Station A
25 The Esplanade
Toronto, ON M5W 4B1
RicePoint Administration Inc.
100 University Ave.
Toronto, ON M5J 2Y1
PLEASE DO NOT CONTACT THE COURTS FOR INFORMATION.
For further information, please review the Frequently Asked Questions and/or contact the Claims Administrator, toll free, at 1-866-753-2594.
Class Counsel can assist you in completing the Claim Form and ensuring you have completed the necessary DNA tests to prove your claim. You can visit Class Counsel website at https://nelliganlaw.ca/class-actions/dr-barwin and/or contact the lawyers below:
Frances Shapiro Munn
Robyn Beaulne – law clerk