Are you a Class Member in this class action?
This page provides background and a summary of the proposed Settlement, descriptions of each class, and what to do if you disagree with the proposed Settlement or don’t want to participate in this class action.
Settlement and Claims Information
Background on the proposed Settlement
In Nova Scotia, people with disabilities may apply for assistance under the Social Assistance Act, R.S.N.S. 1989, c. 432 through the Disability Support Program ("DSP"). Between April 1, 1998, and August 20, 2025, certain individuals who were eligible for this assistance were put on waitlists to receive services, and/or placed in Institutions, Nursing Homes, or Hospitals while on the waitlist.
Two law firms, Koskie Minsky LLP and McKiggan Hebert Lawyers, launched a class action against the Province of Nova Scotia (the "Province"), alleging that it mismanaged the system for assistance for people with disabilities. The lawsuit claims that, as a result of this mismanagement, the Province was negligent and has violated sections 7 (right to life, liberty, and security of the person) and 15(1) (right to equality under the law without discrimination) of the Canadian Charter of Rights and Freedoms.
The Nova Scotia Disability Services Class Action lawsuit was allowed to go forward as a class action by the Nova Scotia Supreme Court on June 21, 2024. The Province has agreed to settle claims in the class action and to compensate eligible Class Members.
The Proposed Settlement
The parties in the lawsuit have reached a proposed Settlement worth up to $34 million. If the court approves the proposed Settlement, eligible Class Members will receive compensation based on how long they were on the waitlist for disability services, and how long they were placed in an Institution, Nursing Home, or Hospital.
Who could receive compensation?
Individuals who were alive as of May 4, 2022, and who were waitlisted or placed in residential care any time between April 1, 1998, and August 20, 2025, while they were eligible for disability services under the Social Assistance Act may be eligible for compensation. In addition, there are rules that apply to each type of Class Member.
See the Long-Form Notice or the Proposed Settlement Agreement for additional rules and detailed requirements for Class Members. There are four classes in the proposed Settlement and some individuals may belong to more than one class.
- Waitlist Class: people who were on the waitlist for disability services (other than a residential placement for seniors)
- Institution Class: people who lived at a Regional Rehabilitation Centre, Adult Residential Centre, or Residential Care facility while they were eligible for disability services
- Nursing Home Class: people who lived in a nursing home and had been assessed by the Department of Community Services as needing support based on the Disability Support Program Policy (or Services for Persons with Disabilities Policy) that was in force during the time they lived in the nursing home
- Hospital Class: people who were placed in hospital for no medical reason while they were eligible for disability services
Objecting or opting out of the proposed Settlement
How to file an Objection
If you disagree with the proposed Settlement and DO NOT want it to be approved by the Court, you may complete an Objection Form and submit it to the Administrator by October 27, 2025. Your Objection Form should include the reasons you disagree with the proposed Settlement. More details about the Settlement, including lawyers’ fees are in the Long-Form Notice. If the Court does not approve the proposed Settlement, Class Members will not be able to claim compensation.
Your Objection Form will be given to the judge at the Settlement Approval Hearing. You can attend the hearing on November 7, 2025, at 9:30 a.m., or send a legal representative.
Send your Objection Form to the Administrator:
Email: info@NSWaitlistSettlement.caFax: 902-450-4956
Mail: Please use email or fax only to submit your Objection or Opt-Out Form while there is a Canada Post mail strike.
Opting out of the Settlement
If you don’t want to be part of this Settlement, you can choose to opt out. Opting out gives you the right to sue the Province on your own but stops you from receiving compensation from this Settlement. If the proposed Settlement is approved,Class Members who do NOT opt out will be eligible to make a claim for compensation under the Settlement, but will not be able to start an individual lawsuit against the Province for time spent on the waitlist under the Social Assistance Act, as you will be “releasing” the Province from liability (responsibility).
The deadline to opt out is October 27, 2025.
To opt out of this Settlement, fill in an Opt-Out Form and send it to the Administrator at:
Email: info@NSWaitlistSettlement.ca
Fax: 902-450-4956
Mail: Please use email or fax only to submit your Objection or Opt-Out Form while there is a Canada Post mail strike.
Compensation Overview
How much money will the Province of Nova Scotia pay?
If the Settlement is approved, the Province will pay up to $34 million to cover the costs of compensation for approved Class Members as well as all fees and costs associated with the administration of the Settlement.
How much compensation will approved Class Members receive?
If the Settlement is approved by the Court, eligible Class Members will receive compensation based on how long they were in the Waitlist Class, Institution Class, Hospital Class, and/or Nursing Home Class.
Compensation will be paid in accordance with the Compensation Protocol (“Protocol”), included as Schedule "A" to the proposed Settlement. The Protocol sets out the rules for who is eligible for compensation and the amount Claimants may receive.
Compensation Amounts Summary
| Class Group | Compensation |
|---|---|
| Waitlist Class |
Class Members who met the Waitlist Class definition for at least six (6) months may be eligible for a base payment of $5,000. Those who continued to meet the Waitlist Class definition may be eligible for a further $500 for each additional twelve (12) month duration as a member of the Waitlist Class. |
| Institution Class |
Class Members who met the Institution Class definition for at least three (3) months may be eligible for a base payment of $15,000. Those who continued to meet the Institution Class definition may be eligible for a further $1,500 for each additional twelve (12) month duration as a member of the Institution Class. |
| Nursing Home Class |
Class Members who met the Nursing Home Class definition for at least three (3) months may be eligible for a base payment of $15,000. Those who continued to meet the Nursing Home Class definition may be eligible for a further $1,500 for each additional twelve (12) month duration as a member of the Nursing Home Class. |
| Hospital Class | Class Members who met the Hospital Class Definition for at least one (1) month may be eligible for $1,500 for each whole month as a member of the Hospital Class. |
This compensation "stacks,” which means a Class Member may be eligible for compensation as in more than one Class.
Example: Sylvia was on a waitlist for services for six months ($5,000), then moved to an Institution for three months ($15,000). Sylvia could be eligible for $20,000 in compensation. She could receive $5,000 as a member of the Waitlist Class and $15,000 as a member of the Institution Class.
Depending on the number of approved claims, these amounts may be pro-rated (reduced) to make sure that the total amount of approved compensation does not add up to more than the amount of money available for compensation.
Updates from the Administrator
Canada Post strike: Impact to Objection Forms, Opt-Out Forms and letters to Notice Administrator
The nation-wide postal strike will affect the timely delivery of mail related to this proposed Settlement, like Objection and Opt-out Forms.
If you plan on submitting an Objection or Opt-Out Form, or writing a letter to the Notice Administrator, please send it by email or fax until after the postal strike ends.
Email: info@NSWaitlistSettlement.ca
Fax: 902-450-4956
If you have recently used the mail to send an Objection Form, Opt-Out Form or letter, please send the Notice Administrator an email or fax copy so we can respond to it.
Note: The Notice Administrator cannot accept courier deliveries.
Please continue to check for updates on this website.
Contact Centre, Website Launches for Proposed Settlement
Thank you for visiting the website of the Nova Scotia Waitlist Settlement. Please check back for updates.
If you have questions about the proposed Settlement and would like to speak to the Administrator, please call 1-844-677-1771, toll-free, 9:00 am to 5:00 pm AT, Monday to Friday, excluding statutory holidays.
No compensation is available at this time. Before any compensation will become available, the proposed Settlement must be approved by the Court. If you would like to receive email updates, please click here.