Nova Scotians who were eligible for disability services under the Social Assistance Act but were waitlisted, or placed in an institution, nursing home or hospital, between April 1, 1998 and August 20, 2025 may qualify to claim compensation from the Province of Nova Scotia’s disability services class action settlement of up to $34 million CAD. Claims close March 17, 2027.
Current Status
Claims are open. All Claim Forms and supporting documents must be received by the Claims Administrator, Deloitte LLP, by March 17, 2027; no time of day or time zone is stated. The Supreme Court of Nova Scotia approved the settlement on November 12, 2025, and the claims period opened December 17, 2025. Compensation is paid after all claims have been reviewed, and no payment date had been announced as of October 3, 2026.Free settlement alerts
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What Changed Recently?
The settlement resolves Estey v. The Attorney General of Nova Scotia, a class action started on May 4, 2022 on behalf of people who were found eligible for help through the Province’s Disability Support Program but were left on waitlists, or placed in institutions, nursing homes or hospitals while they waited. The lawsuit alleges the Province mismanaged the system of assistance for people with disabilities, was negligent, and breached sections 7 and 15(1) of the Canadian Charter of Rights and Freedoms. The court certified the case as a class action on June 21, 2024 with the Province’s consent.The parties signed a settlement agreement on August 20, 2025. The agreement states that it is made with an express denial of liability by the Province. After a hearing on November 7, 2025, Associate Chief Justice Darlene Jamieson approved it on November 12, 2025, finding it fair, reasonable and in the best interests of the class. Paper and email claims opened December 17, 2025, and the online claims portal followed in early 2026. The administrator’s current FAQ is dated March 12, 2026.
Who Qualifies?
A class member must have been alive on May 4, 2022, and must have been eligible for assistance under Nova Scotia’s Social Assistance Act at some point after April 1, 1998. The class period ends August 20, 2025. The settlement has four classes, and one person can belong to more than one:- Waitlist Class: people who were on the waitlist for services under the Social Assistance Act, other than a residential placement for seniors, for periods when they were not in one of the three classes below.
- Institution Class: people who lived at a Regional Rehabilitation Centre, Adult Residential Centre or Residential Care Facility while eligible for assistance.
- Nursing Home Class: people who lived in a nursing home while eligible for assistance and who had been assessed by the Department of Community Services as having support needs that fell under the Disability Support Program policy in effect at the time.
- Hospital Class: people who stayed in the Nova Scotia Hospital or another hospital run by the Nova Scotia Hospital Authority or its predecessors without a medical reason for the hospitalization, while eligible for assistance.
Children are not class members, because people under 19 are not eligible for the Disability Support Program. The opt-out deadline was October 27, 2025, and it is no longer possible to leave the class.
How Much Can You Get?
The Province is paying $32 million CAD, plus up to $2 million more if enough claims for pre-2020 time from people who were legally incapable are approved, for a maximum of $34 million CAD. That amount is all-inclusive: it also covers class counsel’s court-approved fees of $8 million plus $1.12 million HST and about $18,500 in disbursements, administration and notice costs, the litigation funder’s fees, and a $15,000 honorarium for the representative plaintiff. Class counsel is not taking a fee on the extra $2 million.Compensation under the Compensation Protocol depends on how long a person was in each class:
- Waitlist Class: $5,000 for at least six months, plus $500 for each additional 12 months.
- Institution Class: $15,000 for at least three months, plus $1,500 for each additional 12 months.
- Nursing Home Class: $15,000 for at least three months, plus $1,500 for each additional 12 months.
- Hospital Class: $1,500 for each whole month, with a minimum of one month.
The amounts stack, so a person who was on the waitlist for six months and then in an institution for three months could be assessed at $5,000 plus $15,000. If approved claims add up to more than the money available, every award is reduced proportionately, so the figures above are maximums under the protocol rather than guaranteed payments.
The protocol splits time into two categories. Category 1 covers time on or after May 4, 2020 and follows the normal process. Category 2 covers April 1, 1998 to May 3, 2020, and because of Nova Scotia’s two-year limitation period it is compensated only if the claimant was legally incapable of bringing a lawsuit continuously from the start of that time until May 4, 2020. The protocol starts from the principle that everyone is presumed to have capacity.
What Proof or Notice ID Is Required?
No notice ID or claim code is required. A person filing for themselves completes Claim Form 1 – Application with their contact details and date of birth, indicates which classes apply, and attaches a copy of valid government-issued ID. A person without valid ID can instead complete the Declaration of Identity in Part 3B of the form, signed in front of a guarantor from the list on the form. The section asking where and when a person was placed is optional, because the Province checks each claim against its own records and sends the administrator an Application Summary of the time it finds in each class.Claims for others need more. A legally appointed personal representative of a person under disability adds Claim Form 2 with their own ID and proof of appointment, such as an enduring power of attorney or a representation order. An executor or administrator of a deceased class member’s estate adds Claim Form 3 with ID, proof of death and proof of appointment. A relative filing where there is no estate representative adds Claim Form 4 with ID, proof of death, proof of the relationship, a sworn declaration, two signed supporting statements and a record of informing other family members. Category 2 claimants whose incapacity is not already shown in provincial records submit evidence such as public trustee records, an order under the Adult Protection Act or Incompetent Persons Act, or hospital or psychiatric facility records.
What Is the Deadline?
The deadline is March 17, 2027, and the administrator’s website says all Claim Forms and supporting documents must be received by that date, not merely sent. No time zone is given. The administrator’s FAQ says a late Claim Form can be accepted up to June 15, 2027 if the claimant shows that the delay was caused by their disability, that circumstances outside their control prevented filing, or that there were exceptional circumstances. If a submitted claim is incomplete, the administrator sends a written notice and the claimant has until the later of 60 days from that notice or the claims deadline to supply what is missing.How Do You Take Action?
Claims can be filed on the online claims portal, which requires creating an account, or by downloading the four Claim Forms from the official settlement page and returning them by email, fax or mail. The administrator can also send a printed form on request, and class counsel says it does not charge class members for help with their applications.What Happens Next?
After a claim is filed, the administrator reviews it for completeness and shares it with the Province, which checks it against provincial records and returns an Application Summary. The administrator then assesses eligibility, calculates compensation, and notifies the claimant. A claimant can accept or dispute the assessed time within 60 days, and disputed claims go to a claims adjudicator. Compensation is distributed after all claims have been reviewed and assessed, which means payments are not expected until after the March 17, 2027 deadline and the late-claim window; no payment date had been announced as of October 3, 2026.Sources and Verification
- Nova Scotia Waitlist Settlement — official Deloitte claims page (claim forms, compensation overview and court documents)
- Long-Form Notice of Settlement Approval
- Administrator FAQ (March 12, 2026)
- Order (Settlement Approval), Supreme Court of Nova Scotia, November 12, 2025, with the Settlement Agreement and Compensation Protocol attached
- Claim Form 1 – Application
Questions
Does compensation cover waitlist time before May 4, 2020?
Only in limited cases. The class action was started on May 4, 2022, and Nova Scotia has a two-year limitation period, so time before May 4, 2020 is compensated only if the claimant was legally incapable of starting a lawsuit continuously from that earlier period until May 4, 2020. Provincial records may already show this; otherwise the Compensation Protocol lists evidence such as public trustee records, orders under the Adult Protection Act or Incompetent Persons Act, or hospital and psychiatric facility records. Time from May 4, 2020 to August 20, 2025 does not require any showing of incapacity.
Is this the same as the Disability Rights Coalition human rights case?
No. The human rights case brought by the Disability Rights Coalition of Nova Scotia is separate. In that case the Nova Scotia Court of Appeal found the Province had systemically discriminated against people with disabilities in how it managed the Disability Support Program, and the Province is carrying out reforms under a remedy process supervised by a Human Rights Board of Inquiry. The class action settlement is intended to add individual compensation alongside that remedy and does not interfere with it.
What if a claim misses the March 17, 2027 deadline?
The administrator’s FAQ says a Claim Form can still be accepted up to 90 days after the deadline, until June 15, 2027, if the claimant shows the delay was caused by their disability, that they intended to file but could not because of circumstances outside their control, or that there were exceptional circumstances.
Will a payment affect Nova Scotia social assistance benefits?
The administrator’s FAQ states that compensation from the settlement does not affect eligibility for, or the amount or timing of, benefits under Nova Scotia’s Social Assistance Act or Employment Support and Income Assistance Act.
Can someone claim for a family member who has died?
Yes, if the class member was alive on May 4, 2022. A legally appointed executor or administrator files Claim Form 3 with Claim Form 1. If there is no executor or administrator, a relative can file Claim Form 4, but only the deceased’s nearest relative can receive the money, and the form requires proof of the relationship, proof of death, a sworn declaration, two signed supporting statements and a record of notifying other family members.
