Canadian Armed Forces / Forces Armées Canadiennes
Rogers v. The Attorney General of Canada
Nova Scotia Supreme Court File: Hfx No. 457658
Wagners has collaborated with four law firms – Koskie Minsky LLP in Toronto; Raven, Cameron, Ballantyne & Yazbeck LLP/s.r.l. in Ottawa; Quessy Henry St-Hilaire, avocats in Quebec City; and Acheson Sweeney Foley Sahota in Victoria – to advance class actions against the Attorney General of Canada alleging systemic sexual assault, sexual harassment, and gender based discrimination in the Canadian Armed Forces and Department of National Defence and Staff of the Non-Public Funds, Canadian Forces.
Updates & Latest Developments
November 21, 2023: Update on Administration of Late Claims
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.
21 novembre 2023 : Mise à jour sur l’administration des réclamations tardives
La date limite pour soumettre une réclamation tardive dans le cadre du recours collectif pour inconduite sexuelle FAC-MDN est expirée depuis le 6 février 2023. L’Administrateur a reçu un grand nombre de réclamations tardives et il les traite aussi rapidement que possible.
Si vous avez soumis une réclamation tardive, il est possible que l’Administrateur vous demande de fournir des informations supplémentaires nécessaires au traitement de votre réclamation, y compris des motifs expliquant pourquoi votre réclamation tardive devrait être acceptée sur la base du test établi par la Cour fédérale. Si l’Administrateur vous a contacté pour vous demander de fournir de tels motifs, les avocats du groupe ont préparé un guide en Anglais et en Français pour aider les membres du groupe à les préparer.
The Federal Court has made a decision respecting late claims, which can be found in the ‘Documents’ section of our website. Please note that the decision and the instructions below also apply to individuals seeking to add a category to an existing claim after the January 23, 2022 deadline.
The Court has decided that the Claims Administrator shall accept late claims submitted after the final claims deadline of January 23, 2022, if the claimant establishes:
- a continuing intention to pursue the matter;
- the claim has some merit;
- no prejudice arises from the delay; and
- 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 Claims 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 Claims 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 Claims 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 Claims Administrator and seek its approval to file a late claim. This date cannot be extended.
If you have not already submitted a late claim and would like to, a blank Claim Form is available here. Claim Forms and reasons should be submitted directly to the Claims 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: [email protected]
Please contact the class counsel firm who is located in your region of Canada 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.
On December 13, 2021 at 1:00 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 on behalf of the Government of Canada, the CAF, and DND respectively. The apology will be virtual and will be livestreamed on the CAF Facebook page. The apology will also be recorded to be viewed afterwards on YouTube. A link to the video will also be available on the DND/CAF Sexual Misconduct Apology website.
The deadline to submit a Claim Form was November 24, 2021. The Settlement Administrator, Epiq, may extend this deadline by 60 days due to a Claimant’s disability or other exceptional circumstances. Claimants should contact Epiq immediately if they have a late claim they are seeking to submit. If you have questions about this, you may also contact Class Counsel to assist.
The settlement of the related class proceedings pursued in the Federal Court 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.
Making a Claim
In order to make a claim for financial compensation, and/or seek to participate in the restorative engagement program, you must submit an Individual Application / Claim Form together with all supporting documentation (if any) to the Claims Administrator. Claim Forms are available from the settlement administrator’s website. You can also complete a copy of the Claim Form electronically through the settlement administrator’s website.
Deadline to Submit a Claim
It’s not time to submit your claim yet. Claims will be accepted as of May 25, 2020. The deadline to file a Claim Form is November 24, 2021.
A proposed settlement has been reached. A hearing to approve the Settlement Agreement and Legal Fees occurred on September 19, 20 and October 3, 2019. The decision is currently in reserve.
Please visit the Documents tab and the following URL to obtain information about the settlement and claims process. The documents are available in both English and French.