The settlement resolves a Charter challenge alleging that Nova Scotia mismanaged its system of assistance for people with disabilities, breaching sections 7 and 15(1) of the Canadian Charter. It covers the waitlist class and the institutional-residence classes, and the Province pays $32 million initially into a fund of between $32 million and $34 million, with a further $2 million payable if claims by people who could not sue on their own reach a set level. A court approved the settlement at a hearing on November 7, 2025, and claims are due March 17, 2027.
Benefit Summary
Waitlist Class Members: available benefits include $5,000 base payment, Additional $500 per 12 months.
Institution Class Members: available benefits include $15,000 base payment, Additional $1,500 per 12 months.
Nursing Home Class Members: available benefits include $15,000 base payment, Additional $1,500 per 12 months.
Hospital Class Members: available benefits include $1,500 per whole month.
Payments come from the $32,000,000.00 settlement fund and may change after approved deductions.
Available Awards
Waitlist Class Members: $5,000 base payment + Additional $500 per 12 months; Institution Class Members: $15,000 base payment + Additional $1,500 per 12 months; Nursing Home Class Members: $15,000 base payment + Additional $1,500 per 12 months; Hospital Class Members: $1,500 per whole month
Who Is Included
The settlement includes people alive on May 4, 2022 who met one or more of the Waitlist, Institution, Nursing Home, or Hospital Class definitions for qualifying time after April 1, 1998. The notice gives separate requirements for each class.
- Proof required: You must submit an Application. For waitlist time between April 1, 1998 and May 4, 2020, you must show that you were legally incapable of starting a lawsuit; the notice directs readers to the Compensation Protocol for details about proving legal incapacity. It does not state what supporting documents, if any, are required for other class claims.
Claim and Payment Information
- Claim method: Submit an Application form.
- Claim deadline: 2027-03-17
- Instructions: Submit an Application to be considered for compensation.
Questions & Answers
How is compensation calculated for each class?
The payment rules differ by class and by the length of qualifying time. The listed amounts are not guaranteed; they may be reduced as explained below.
- Waitlist Class: at least 6 months may qualify for a $5,000 base amount, plus $500 for each further 12-month period.
- Institution Class: at least 3 months may qualify for a $15,000 base amount, plus $1,500 for each further 12-month period.
- Nursing Home Class: at least 3 months may qualify for a $15,000 base amount, plus $1,500 for each further 12-month period.
- Hospital Class: $1,500 may be available for each whole qualifying month.
Can I receive compensation for more than one class?
Payments can stack across classes. But the notice specifically excludes overlapping periods from the Waitlist Class when the person was in one of the other three classes.
- Time in the Waitlist, Institution, Nursing Home, and Hospital Classes can be counted for more than one payment category when a person meets the rules for each category.
- Waitlist time is not counted for periods when the person was a member of the Institution, Nursing Home, or Hospital Class.
What do I need to do to seek payment, and what is the deadline?
An Application is required to be considered for compensation. Do not assume that receiving this notice means payment will be sent automatically.
- Submit the Application by March 17, 2027.
- The notice says the claims process starts December 17, 2025.
- The notice itself does not give the full Application procedure or list all supporting documents. It directs readers to the Compensation Protocol for more details.
Is there a special rule for older waitlist time?
Legal incapacity is a special requirement for older waitlist time. The notice does not state that this requirement applies to Institution, Nursing Home, or Hospital time.
- For waitlist time from May 4, 2020 through August 20, 2025, the notice says there is no need to show legal incapacity.
- For waitlist time from April 1, 1998 through May 4, 2020, a person must show they were legally incapable of starting a lawsuit to seek compensation for that time.
- The notice sends readers to the Compensation Protocol for the details of proving legal incapacity; it does not list the required documents in this notice.
Could the payment amounts be reduced?
The listed compensation amounts may be lowered. The settlement money is not used only for payments to approved class members.
- The Province initially pays $32 million.
- It may pay another $2 million if approved claims involving people legally incapable of starting a lawsuit reach the stated level.
- The fund also pays approved compensation and listed fees and costs.
- If the approved compensation would exceed the amount paid by the Province, compensation amounts may be reduced proportionately.
Can I still opt out of the class action?
Opting out means choosing not to be part of the class action. That option is closed under this notice.
- The deadline to leave, or opt out of, the class action was October 27, 2025.
- The notice says it is no longer possible to opt out.
Other Important Dates
- Exclusion deadline: 2025-10-27
- Final approval hearing: November 7, 2025
Case Details
- Total settlement fund: $32,000,000.00
- Case name: Isai Estey v. The Attorney General of Nova Scotia
- Case number: Hfx No. 514712
- Court: Nova Scotia Supreme Court
- Administrator: Deloitte LLP
- Official Settlement Website: https://www.NSWaitlistSettlement.ca
Sources
Claim form, FAQ, deadlines, administrator information
Court-approved notice describing eligibility and benefits