Are you a Class Member in this Settlement?
This page provides background and a summary of the Settlement and descriptions of each Class.
Settlement and Claims Information
Background on the 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 Settlement
The parties in the lawsuit have reached a Settlement worth up to $34 million. 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 Settlement Agreement for additional rules and detailed requirements for Class Members. There are four classes in the 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
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 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.