In the Nova Scotia disability waitlist settlement, the date that matters most is May 4, 2020: time spent waitlisted or placed in an institution, nursing home or hospital on or after that date is compensated through the normal process, while older time back to 1998 counts only if the claimant was legally incapable of suing for the whole stretch. Claimants do not have to reconstruct their own history — the Province checks every claim against its records. All forms must be received by March 17, 2027.
Status: Approved November 12, 2025; claims open since December 17, 2025 | Claim deadline March 17, 2027 (received) | Up to $34 million CAD fund | Payments after all claims are assessed
The Case
Estey v. The Attorney General of Nova Scotia (Hfx No. 514712, Supreme Court of Nova Scotia) was started on May 4, 2022 for people found eligible for help through the Province’s Disability Support Program but left on waitlists, or placed in institutions, nursing homes or hospitals while they waited. It alleges the Province mismanaged the system of assistance for people with disabilities, was negligent, and breached sections 7 and 15(1) of the Canadian Charter of Rights and Freedoms. It was certified with the Province’s consent on June 21, 2024.
The settlement agreement was signed August 20, 2025 with an express denial of liability by the Province. After a November 7, 2025 hearing, Associate Chief Justice Darlene Jamieson approved it on November 12, 2025 as fair, reasonable and in the class’s best interests. Deloitte LLP is the Claims Administrator. The opt-out deadline passed October 27, 2025, so no one can leave the class now.
This is separate from the Disability Rights Coalition human rights case, in which the Nova Scotia Court of Appeal found the Province had systemically discriminated in how it ran the Disability Support Program. The settlement adds individual compensation alongside the reforms in that case and does not interfere with them.
Four Classes, and You Can Be in Several
Every class member must have been alive on May 4, 2022 and eligible for assistance under the Social Assistance Act at some point after April 1, 1998. The class period ends August 20, 2025. People under 19 are not class members, because they are not eligible for the Disability Support Program.
| Waitlist Class | On the waitlist for Social Assistance Act services, other than a residential placement for seniors, for periods not covered by the other three classes. $5,000 for at least six months, plus $500 per additional 12 months. |
| Institution Class | Lived at a Regional Rehabilitation Centre, Adult Residential Centre or Residential Care Facility while eligible. $15,000 for at least three months, plus $1,500 per additional 12 months. |
| Nursing Home Class | Lived in a nursing home while eligible, after being assessed by the Department of Community Services as having support needs under the Disability Support Program policy then in effect. $15,000 for at least three months, plus $1,500 per additional 12 months. |
| Hospital Class | Stayed in the Nova Scotia Hospital or another Nova Scotia Hospital Authority hospital, or a predecessor, without a medical reason while eligible. $1,500 per whole month, minimum one month. |
The amounts stack. Six months on the waitlist followed by three months in an institution could be assessed at $5,000 plus $15,000. But these are protocol maximums: if approved claims exceed the money available, every award is reduced proportionately.
The May 4, 2020 Line
Because Nova Scotia has a two-year limitation period and the case began May 4, 2022, the Compensation Protocol splits time into two categories:
- Category 1 — time on or after May 4, 2020. Normal process, no showing of incapacity needed.
- Category 2 — April 1, 1998 to May 3, 2020. Compensated only if the claimant was legally incapable of bringing a lawsuit continuously from the start of that time until May 4, 2020. The protocol presumes everyone has capacity, so this must be shown — through provincial records if they already reflect it, or through evidence such as public trustee records, an order under the Adult Protection Act or Incompetent Persons Act, or hospital or psychiatric facility records.
Where the Money Comes From
The Province pays $32 million CAD, plus up to $2 million more if enough Category 2 claims from legally incapable claimants are approved, for a maximum of $34 million CAD. That is all-inclusive. It also covers class counsel’s court-approved fees of $8 million plus $1.12 million HST and about $18,500 in disbursements, administration and notice costs, the litigation funder’s fees, and a $15,000 honorarium for the representative plaintiff. Class counsel takes no fee on the extra $2 million.
What to File
No notice ID is needed. A person filing for themselves completes Claim Form 1 – Application with contact details and date of birth, ticks the classes that apply and attaches a copy of valid government-issued ID. Without ID, the Declaration of Identity in Part 3B can be signed in front of a guarantor from the list on the form. The section on where and when you were placed is optional: the Province checks each claim against its own records and sends the administrator an Application Summary of the time it finds in each class.
Claims for others need more. A legally appointed personal representative adds Claim Form 2 with ID and proof of appointment, such as an enduring power of attorney or representation order. An estate executor or administrator adds Claim Form 3 with ID, proof of death and proof of appointment. A relative filing where there is no estate representative adds Claim Form 4 with ID, proof of death, proof of relationship, a sworn declaration, two signed supporting statements and a record of informing other family members; only the nearest relative can receive the money.
File on the online claims portal, which requires an account, or download the four forms from the official Nova Scotia Waitlist Settlement page and return them by email, fax or mail. The administrator can mail a printed form on request, and class counsel says it does not charge class members for help.
Deadline and Assessment
Forms and documents must be received by March 17, 2027, not merely sent. The administrator’s FAQ says a late form can be accepted until June 15, 2027 if the delay was caused by the claimant’s disability, by circumstances outside their control, or by exceptional circumstances. An incomplete claim gets written notice and the later of 60 days or the deadline to fix it.
After the Province returns its Application Summary, the administrator assesses eligibility and compensation and notifies the claimant, who has 60 days to accept or dispute the time counted; disputes go to a claims adjudicator. Payment comes only after every claim is assessed, so not before the deadline and late-claim window, and no date had been announced as of October 3, 2026. The Nova Scotia disability waitlist settlement page on OpenClassActions.com follows the case.
Frequently Asked Questions
Is waitlist time before May 4, 2020 compensated?
Only if the claimant was legally incapable of starting a lawsuit continuously from that earlier period until May 4, 2020. Time from May 4, 2020 to August 20, 2025 needs no showing of incapacity.
Do I need to know exactly when I was waitlisted or placed?
No. That section of the form is optional. The Province checks each claim against its own records and sends an Application Summary of the time it finds in each class.
Will a payment affect my Nova Scotia social assistance?
The administrator’s FAQ says settlement compensation does not affect eligibility for, or the amount or timing of, benefits under the Social Assistance Act or the Employment Support and Income Assistance Act.
What if I miss March 17, 2027?
A late form can be accepted until June 15, 2027 if the delay was caused by your disability, by circumstances outside your control, or by exceptional circumstances.
Can I claim for a family member who died?
Yes, if they were alive on May 4, 2022. An executor or administrator files Claim Form 3; with no estate representative, a relative can file Claim Form 4, but only the nearest relative can receive the money.
Sources
- Nova Scotia Waitlist Settlement — official Deloitte claims page, with the Long-Form Notice of Settlement Approval and administrator FAQ (March 12, 2026).
- Order (Settlement Approval), Supreme Court of Nova Scotia, November 12, 2025, with the Settlement Agreement and Compensation Protocol, Estey v. The Attorney General of Nova Scotia, Hfx No. 514712.
- OpenClassActions.com — Nova Scotia Disability Waitlist Settlement.
Source and credit: the settlement terms, deadlines and benefit details described above are drawn from our sister site’s reporting — OpenClassActions.com: Nova Scotia Disability Waitlist Class Action Settlement — which tracks this case against the court-approved notice and the official settlement website and is updated as the court rules.
Legal Disclaimer
This article is for informational purposes only and is not legal advice. OpenClassActions.org is a consumer news site, not a law firm and not the settlement administrator, and is not affiliated with any party to the case described. The allegations are allegations; unless a court has ruled, the defendants deny wrongdoing and no court has decided the merits. Deadlines, benefit amounts and payment timing can change as the court and the administrator act, so confirm current status on the official settlement website. You never need to pay anyone to file a claim or to receive a settlement payment.