EN /FR
Canadian Armed Forces Female Victims of Sexual Assault and Harassment and Gender-Based Discrimination in the Military
This class action alleges sexual harassment, sexual assault or discrimination based on sex, gender, gender identity or sexual orientation (“Sexual Misconduct”) in connection with their military service and/or employment with the Department of National Defence (“DND”) and/or Staff of the Non-Public Funds, Canadian Forces (“SNPF”).
A Settlement Agreement has been reached and class members can claim for compensation by filling out this online Claim Form (or printing a physical Claim Form) before November 24, 2021.
The Settlement Administrator may extend this deadline by 60 days due to a Claimant’s disability, or other exceptional circumstances. Claimants should contact the Settlement Administrator immediately if this applies to you. If you have questions about this, you may also contact Class Counsel to assist.
You are a Class Member, and are included in the settlement, if you are a current or former CAF member and/or DND/SNPF employee who has experienced Sexual Misconduct, as per the following definitions:
“CAF Class Members” have been defined as follows:
All current or former CAF members who experienced Sexual Misconduct up to and including November 25, 2019, who have not opted out of the Heyder or Beattie Class Actions.
“DND/SNPF Class Members” have been defined as follows:
All current and former employees of DND and of the Staff of the Non-Public Funds, Canadian Forces, who experienced Sexual Misconduct up to and including November 25, 2019, who have not Opted Out of the Heyder or Beattie Class Actions.
“Sexual Misconduct” means the following, in Connection with Military Service for the CAF Class and in Connection with Employment for the DND/SNPF Class:
i. Sexual harassment;
ii. Sexual assault; and/or
iii. Discrimination on the grounds of sex, gender, gender identity or sexual orientation.
“Eligible Class Member” is defined as a Class Member who was alive as of March 15, 2019, and whose application for an Individual Payment is approved in accordance with the provisions of the Final Settlement Agreement.
Further information about how to complete the Form is available on the Administrator’s website.
Claimants can address questions to 1-888-502-7455 or email us at militaryassaultclassaction@kmlaw.ca, or to the Administrator directly 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
Tel: 1-888-626-2611
TTY: 1-877-627-7027
Fax: 1-866-262-0816
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Latest Developments
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December 1, 2021
Update: “A public apology will be offered to all current and former members of the Defence Team who have been affected by sexual misconduct and discrimination based on sex, gender, gender identity or sexual orientation.
On December 13 at 1 p.m. EST, the, Minister of National Defence, the Honourable Anita Anand, the Chief of the Defence Staff, General Wayne Eyre, and the Deputy Minister of National Defence, Jody Thomas, will offer an apology.
The apology will take place virtually and be livestreamed on the Canadian Armed Forces Facebook page. Viewers can watch the video stream without an account or signing in to Facebook. A link to the video will be posted shortly before the event on the CAF and DND Facebook and Twitter pages, and will also be available on this DND/CAF Sexual Misconduct Apology web page. The event will also be recorded and available afterwards on YouTube for those who are unable to watch it live, or prefer to view it at a later time.”
Further information can be found here:
Sexual Misconduct Apology webpage: https://www.canada.ca/en/department-national-defence/campaigns/conduct-and-culture/sexual-misconduct-apology.html\
https://twitter.com/CanadianForces/status/1465442842340433935
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November 24, 2021
This is a reminder that the claims period under this Settlement is closing today, November 24, 2021 at midnight (12am). All eligible claimants must submit their claims before the deadline in order to participate in the Settlement. The claim form, and answers to many frequently asked questions, are available at the following website: https://www.caf-dndsexualmisconductclassaction.ca/
If you feel you do not have all the information to complete your claim right now, we would still urge you to file a claim form before the deadline, selecting all possibly applicable Categories of compensation, and submit more information as soon as possible thereafter.
As class counsel, we can assist you with your claim and answer questions. The claim is actually processed by the Claims Administrator, Epiq Class Actions Services Canada, an independent third party appointed under the Settlement. Thus, you must submit your Claim Form to this Administrator directly, and we cannot submit your Claim Form on your behalf. Your claim form can be sent to the Administrator directly by:
Email: info@caf-dndsexualmisconductclassaction.ca
OR
Fax: 1-866-262-0816
OR
Mail: to the following address listed below:
Epiq Class Action Services Canada Inc.
Attention: CAF-DND Sexual Misconduct Class Action Settlement
P.O. Box 507 STN B
Ottawa ON K1P 5P6If you have any questions about submitting or processing your claim, please contact the administrator, Epiq Class Action Services Canada Inc., directly
by phone at: 1-888-626-2611.For all other inquiries please leave a message with your name, telephone number with area code and we will return your call as soon as possible. Alternatively, you can email us at militaryassaultclassaction@kmlaw.ca
If you need assistance after 8PM EST, you should contact the administrator directly by phone: 1-888-626-2611 or via email: info@caf-dndsexualmisconductclassaction.ca
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November 19, 2021
The claims period under this Settlement is closing on November 24, 2021. All eligible claimants must submit their claims before that date in order to participate in the Settlement. The claim form, and answers to many frequently asked questions, are available at the following
website: https://www.caf-dndsexualmisconductclassaction.ca/You must submit your Claim Form to this Administrator directly at:
Email: info@caf-dndsexualmisconductclassaction.ca
OR
Fax: 1-866-262-0816
OR
Mail: to the following address listed below:
Epiq Class Action Services Canada Inc.
Attention: CAF-DND Sexual Misconduct Class Action Settlement
P.O. Box 507 STN B
Ottawa ON K1P 5P6
1-888-626-2611 -
May 25, 2020
The claims period is now open. Class members can now make a claim under the Settlement, through the Claim Form available here. Further information about how to complete the Form is available on the Administrator’s website
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March 24, 2020
Due to the ongoing COVID-19 pandemic, the Federal Court of Canada has approved a 60-day delay to the original claims period commencement date. The claims period is now scheduled to commence on May 25, 2020. On or around that date, Class Members will be able to make a claim using the Form to be provided on the administrator’s website.
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November 25, 2019
The settlement of this class proceeding has been approved by the Federal Court. A copy of the Federal Court’s reasons are available here. A copy of the notice of approval and the opening of the claims process is available here.
A link to the settlement administrator’s website is available here.
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July 18, 2019
The parties are pleased to announce that a proposed settlement is reached, subject to court approval. A copy of the notice of the hearing for settlement approval is available here. A copy of the final settlement agreement is available here. A copy of the Participation Form is available here.
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February 23, 2018
The parties have agreed to enter into exploratory settlement discussions. The timetable to certification has been put on hold.
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May 31, 2017
The following timetable for the motion for certification has been approved by the Federal Court:
Plaintiff’s Motion Record May 12, 2017 Defendant’s Motion Record December 15, 2017 Plaintiff’s Reply Motion Record January 31, 2018 Completion of Cross-Examinations March 16, 2018 Refusals Motion (if necessary) Week of March 26, 2018 Plaintiff’s Factum April 16, 2018 Defendant’s Factum June 6, 2018 Plaintiff’s Reply Factum June 29, 2018 Certification Hearing July 9 – 13, 2018 -
May 12, 2017
The plaintiffs delivered their motion record to the defendant.
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April 5, 2017
The Statement of Claim was amended. A copy of the Amended Statement of Claim is available here.
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February 2, 2017
A tentative timetable has been booked for the steps leading to the hearing of the motion for certification.
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December 1, 2021
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News Releases and Reports
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Documents
- December 1, 2021 DND/CAF Sexual Misconduct Apology - Event Details
- May 25, 2020 Claim Form - French
- May 25, 2020 Claim Form - English
- November 25, 2019 Notice of Certification and Settlement - French
- November 25, 2019 Notice of Certification and Settlement - English
- November 25, 2019 Reasons For Orders
- July 18, 2019 Participation Form - French
- July 18, 2019 Notice of Hearing for the Settlement Approval - French
- July 18, 2019 Participation Form
- July 18, 2019 Notice of Hearing for the Settlement Approval
- July 18, 2019 Settlement Agreement
- April 5, 2017 Amended Statement of Claim
- December 7, 2016 Statement of Claim
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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: 1 888 502 7455
