Canadian Armed Forces Female Victims of Sexual Assault and Harassment and Gender-Based Discrimination in the Military

• January 7, 2023

  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 Sunday, February 5, 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 5, 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 5, 2023.

  The Court held that, due to the need for finality and to close the administration process, February 5, 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 has indicated it is appealing the court’s decision, this appeal has not yet been scheduled, and you must still follow the timelines set out here.

  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.

• June 16, 2022

  The Restorative Engagement program developed under this Settlement Agreement was launched on November 15, 2021, and the first class member engagement was held on April 1, 2022. The Restorative Engagement program allows class members to share their experiences, knowledge and understanding of sexual misconduct with the CAF/DND, in order to contribute to cultural change. This process will be facilitated by specially-trained, civilian Restorative Practitioners.

  Participation in and information shared through the Restorative Engagement program is confidential within legal limitations. On May 26, 2022, the Minister of National Defence granted a regulatory amendment to create an exception to the duty to report within the context of this program that will allow members to share experiences with Defence Team leadership representatives in a safe, supportive, and confidential environment.

  In order to participate in Restorative Engagement, you must be a Class Member that submitted a Claim Form to the Claims Administrator during the claims period, and indicated your interest in the program on the Claim Form. If you indicated your interest already, the Sexual Misconduct Response Centre (SMRC) will contact you directly to provide further information about the program. If you did not indicate this on your Claim Form but wish to participate in the program, you must send a written request to the Claims Administrator at info@caf-dndsexualmisconductclassaction.ca within 30 days of the date of your initial claim Decision. If you received a claim decision any time before April 30, 2022, your deadline to indicate interest in the program was May 31, 2022.

• 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:

  External statement: https://www.canada.ca/en/department-national-defence/news/2021/11/statement-from-the-minister-of-national-defence-the-chief-of-the-defence-staff-and-the-deputy-minister-of-national-defence.html

  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

• 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 5P6

  If 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

• 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

• 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.

• 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.

• 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.

• February 23, 2018

  The parties have agreed to enter into exploratory settlement discussions. The timetable to certification has been put on hold.

• 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.

• April 5, 2017

  The Statement of Claim was amended. A copy of the Amended Statement of Claim is available here.

• February 2, 2017

  A tentative timetable has been booked for the steps leading to the hearing of the motion for certification.

Show All

• December 7, 2016 Koskie Minsky LLP Brings Canadian Armed Forces Gender-Based Discrimination, Sexual Harassment and Sexual Assault Class Action

• January 6, 2023 Order and Reasons - French
• January 6, 2023 Order and Reasons - English
• 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

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.

Toll Free Hotline: 1 888 502 7455

Email: militaryassaultclassaction@kmlaw.ca