Some Canadians could claim part of historic $36-million settlement
Certain Canadians could be eligible to claim a part of a historic settlement involving two former schools in Nova Scotia.
The Nova Scotia Supreme Court approved the settlement in a class action against the former School for the Deaf in Halifax and the former Interprovincial School for the Education of the Deaf in Amherst.
Filed in 2016, the lawsuit alleged negligence and breach of fiduciary duty by the Attorney General of Nova Scotia and the Atlantic Provinces Special Education Authority in connection with the alleged abuse and mistreatment of former students.
Students at the Halifax School for the Deaf (Gauvin & Gentzel, 1893, Public domain/Wikimedia Commons)
Halifax-based Wagners Law Firm announced the details of the historic settlement on Monday.
Approved by Justice Peter Rosinksi, the defendants will pay up to a total of $41,765,702, plus the legal fee of up to $12,529,710.60 and expenses of Wagners. This includes up to $36,235,702 in direct compensation for eligible class members, $3 million to fund relevant support services and pay for restorative sharing circles for class members, $2.5 million to pay for the costs of administering the settlement, and honoraria to the two representative plaintiffs.
The defendants have also agreed to deliver a public apology.
Who’s eligible for the settlement, and how much could they receive?
According to the law firm, former students who attended and/or resided at one or both of the schools are eligible to claim a part of the settlement.
Eligible Canadians can apply for two types of payments.
Class members who were alive on or after Jan. 31, 2019, can apply for the Systemic Harms Payment. This will compensate for commonly suffered harmful experiences. If a class member died before Jan. 31, 2019, their estate is not eligible to claim compensation.
The Independent Assessment Process Payment will compensate living eligible class members for physical and sexual abuse suffered at the schools. The first payment level is $90,000 to $100,000, and level two is $140,000 to $150,000.
“The amount awarded will depend on the severity of the abuse and harm,” reads the settlement website.
Wagners estimates the total number of class members to be between 900 and 1,200 Canadians. Eligible class members and estates have until Sept. 21, 2026, to submit a claim.
For more details and informational videos in sign language, read the settlement website.
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