Nova Scotia Disability Waitlist Settlement — Up to $34M CAD

Canada Government Settlement · Claims Open

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.

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.