Canadian Armed Forces Female Victims of Sexual Assault and Harassment and Gender-Based Discrimination in the Military, January 7, 2022
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
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.