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Canadian Armed Forces Victims of Discrimination Based on Sexual Orientation in the Military
Between the 1950s and the 1990s, the Canadian government engaged in a systematic campaign to identify, harass, and purge lesbians, gay men, and those suspected of being gay from the Canadian Armed Forces and public service. This campaign and its severe, detrimental impact on lesbians and gay men in the Canadian military services forms the subject-matter of this proposed class action.
The plaintiff claims on behalf of themselves and on behalf of the following class:
All current or former employees of the Canadian Armed Forces, the Government of Canada or Federal Crown Agencies who were investigated, discharged, terminated, sanctioned or faced threat of sanction, by the Government of Canada because of their sexual orientation, gender identity or gender expression, between June 27, 1969 and the present day.
If you are a current or former member of the Canadian Armed Forces that has been affected, please contact us at 1-888-723-4305 or email us at militaryclassaction@kmlaw.ca.
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Latest Developments
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August 12, 2019
The claims period is closed. The administrator is in the process of adjudicating submissions.
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November 1, 2018
The claims period is open. Please visit the administrator’s website www.lgbtpurgesettlement.com to submit your claim.
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June 20, 2018
The Federal Court approved the LGBT Purge settlement. A copy of the approval order is available here. A copy of the notice is available here. A copy of the opt out form is available here. More information is available at the administrator’s website www.lgbtpurgesettlement.com
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April 15, 2018
The Final Settlement Agreement has been concluded. The Federal Court is scheduled to hear a motion approving the settlement and class counsel fees on June 18 and 19, 2018 in Ottawa. To learn more about the settlement, visit the administrator’s website here.
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November 29, 2017
An agreement in principle has been reached to settle this class action. A copy of the agreement is available here.
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September 18, 2017
The motion for certification is scheduled to be heard in February 2019.
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March 20, 2017
We are pleased to announce that Koskie Minsky LLP and McKiggan Hebert Lawyers have entered into a co-counsel agreement with Cambridge LLP and Irving Mithcell Kalichman s.e.n.c.r.l./LLP and have commenced an action in the Federal Court. A copy of the Statement of Claim is available here.
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December 7, 2016
The Statement of Claim in this action has been issued.
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August 12, 2019
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News Releases and Reports
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Documents
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FAQS
What is a class action?
A class action is a lawsuit which provides a method for a large group of people with common claims to join together to advance one large claim. Class actions are a more efficient and cost-effective way for groups of people with common claims to gain access to the legal system and seek justice.
What does certification mean?
In order for an action to proceed as a class action, the court must determine whether it is appropriate for the case to be treated as a class action. Some of the factors the courts consider are the extent to which the claims of the class
members are common, and whether a class action is preferable to other methods (such as individual actions) of advancing the issues. The decision as to whether a class action should be certified takes place at a certification hearing and is decided by a judge. If certified, a representative plaintiff will advance the action on behalf of all of the class members.How do I know if I am a Class Member?
The certification order will always contain a description of who is a class member. We post the certification orders in our actions so that you can review them. You do not need to “sign up” to become involved in a class action. If you are included in the class description, you are automatically a class member who will be affected by the outcome of the class action unless you decide to “opt out”.
Are Class Members notified of the certification of the class proceeding?
Yes. After the claim has been certified, the court will authorize notice to be given to the members of the class.
Can I opt out of a class action and pursue independent legal action?
Yes. When a class action is certified, class members are always given an opportunity to opt out of the action. A deadline is imposed for opting out. If you do not opt out by the given deadline, class members will be bound by the outcome of the class action, whether it is successful or unsuccessful. If you opt out, you will not receive any benefit if the action is successful.
Will there be any cost to class members for legal fees?
Typically, class actions are handled on a contingency fee basis, which means that the class action lawyers will be paid only if the class action is successful at trial or settled. In that case, class counsel fees may be paid by the defendants or out of the settlement or judgment proceeds as approved by the court. In addition, the plaintiff may seek funding assistance from the Class Proceeding Fund which, if funding is granted, may provide funding for disbursements.
I still have questions…
Please feel to contact us by using the contact information on this site.
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Contacts
Toll Free Hotline: 1-888-723-4305
Email: militaryclassaction@kmlaw.ca
