Search

EN /FR

Canadian Armed Forces/Department of National Defence: Survivors of Sexual Assault, Harassment and Gender-Based Discrimination


November 21, 2023: Update on Late Claims Administration

The final deadline to submit a late claim in the CAF-DND Sexual Misconduct Class Action passed on February 6, 2023. The Administrator received a large number of late claims and is processing them as fast as possible.

If you submitted a late claim, you may be asked by the Administrator to provide further information required to process your claim, including reasons explaining why your late claim should be accepted based on the test set out by the Federal Court. If you have been contacted by the Administrator to provide reasons, Class Counsel has prepared a Guide in both English and French to help class members prepare their reasons.

 

This class action alleges that Class members suffered sexual harassment, sexual assault, and/or discrimination based on sex, gender, gender identity or sexual orientation (“Sexual Misconduct”) in connection with their Canadian Armed Forces (“CAF”) military service, employment with the Department of National Defence (“DND”) or Staff of the Non-Public Funds, Canadian Forces (“SNPF”).

A Settlement Agreement was approved by the Court in this action. Class members were able to claim compensation by submitting a claim form before November 24, 2021. Further information about the claims process is available on the Administrator’s website.

The Court has made a decision respecting late claims, which can be found here.

The Court has decided that the Administrator shall accept late claims submitted after the final claims deadline of January 23, 2022, if the claimant establishes: (1) a continuing intention to pursue the matter; (2) the claim has some merit; (3) no prejudice arises from the delay; and (4) there is a reasonable explanation for the delay. The Court also noted that “the failure to establish one of the preceding criteria is not determinative as the real test is ultimately that justice be done between the parties”, but that “it will ordinarily be necessary for the claimant’s explanation to account for the totality of the delay, up to and including the date on which the claim is submitted”.

However, the Court held that the Administrator cannot accept any late claims beyond 30 days following this decision, being Monday, February 6, 2023. 

  • If you already submitted your claim after January 23, 2022, you must provide reasons to the Administrator setting out how you believe you meet the above test as soon as possible, and no later than February 6, 2023. If you already provided an explanation for why your claim was late when you submitted it, you may want to update that explanation to ensure you satisfy the test above.
  • If you have not yet made a claim, but you wish to make a late claim under the Settlement Agreement in this action, you must submit your claim to the Administrator, as well as the reasons setting out how you believe you meet the above test, as soon as possible, and no later than February 6, 2023.

The Court held that, due to the need for finality and to close the administration process, February 6, 2023 is the ultimate deadline to file your materials with the Administrator and seek its approval to file a late claim.  This date cannot be extended.

While the Attorney General initially sought to appeal the court’s decision, it has now abandoned that appeal. The decision of the court and the timelines set out here remain applicable.

A blank Claim Form is available here. Claim Forms and reasons should be submitted directly to the Administrator, at:

Epiq Class Action Services Canada Inc.
Attention: CAF-DND Sexual Misconduct Class Action Settlement
P.O. Box 507 STN B
Ottawa ON K1P 5P6
Email: info@caf-dndsexualmisconductclassaction.ca

Please contact class counsel as soon as possible if you have questions about how to make a late claim request. Class counsel are preparing additional materials to help class members with this process, and are available to provide assistance for free.

Contact information for class counsel is available here.  You should contact the class counsel firm who is located in your region of Canada.

Class members can also address questions to us at 1-888-502-7455 or email us at militaryassaultclassaction@kmlaw.ca.

Back
Sign up for
KM News
Back to the top of the page.