Deaf Schools Class Action

Proposed Settlement Reached

On November 28, 2025, the Nova Scotia Supreme Court will consider whether to approve a proposed settlement of this class action. A copy of the proposed settlement agreement is under the Documents tab on this page.

Interpreters will be at the hearing. On that same date, the Court will also consider whether to approve the payment of the legal fee and reimbursement of expenses to Wagners.

A copy of the full Court-approved notice summarizing the proposed settlement and legal fee is available under the Documents tab on this page. An ASL video that signs the information contained in the Court-approved notice is available on the settlement website at www.NSDeafSchoolsClassAction.com. There is also a video that answers some frequently asked questions.

If you do not agree with the proposed settlement or the legal fee for Class Counsel, you can send a written or signed video objection to the Administrator, Verita Global, by November 18, 2025, at the contact information below. More information about the objection process is available on the settlement website at www.NSDeafSchoolsClassAction.com.

If you have questions, you may contact us or Verita, the Administrator:

NS Deaf Schools Class Action Administrator

c/o Verita Global

P.O. Box 3355

London, ON N6A 4K3

Phone: 1-888-999-9616

Email: [email protected]

Website URL: www.NSDeafSchoolsClassAction.com

Verita and Wagners are available to take calls through Video Relay Service (VRS) and Teletypewriter (TTY).

Trial dates have been set, following a Case Management Conference that took place on August 9, 2023.  Trial is scheduled from October 1 to November 6, 2025.

Further, a schedule has been solidified for the exchange of expert reports amongst the parties.  All parties’ primary reports are due in November 2024, and rebuttal reports will be filed in April 2025.

We are preparing for a common issues trial. In doing so, we are reviewing volumes of documents provided by the Defendants and have dates scheduled to conduct discovery examinations of representatives of the Province of Nova Scotia and APSEA in October 2022.

We have not yet set dates for trial.

NOTICE OF CERTIFICATION OF THE

NOVA SCOTIA SCHOOLS FOR THE DEAF CLASS ACTION

To: All former students who attended and/or resided at an education institution for the Deaf or Hard of Hearing in Nova Scotia (“Class Members”)

Notice of Certification:

Class Members be advised of certification of a class action on behalf of all former students who attended and/or resided at one or both of (i) the School for the Deaf, located in Halifax, Nova Scotia; and (ii) the Atlantic Provinces Special Education Authority – Resource Centre for the Hearing Impaired, formerly called the Resource Centre for the Hearing Handicapped and the Interprovincial School for the Education of the Deaf, located in Amherst, Nova Scotia. Both facilities are now closed.

Who is included?

“Class Members” are former students who attended and/or resided at one or both of the above-named schools.

If you are a Class Member you do not need to do anything at this point to get the benefit of any ruling on the common issues.

What is the nature of the class action?

The class action alleges that the Attorney General of Nova Scotia and APSEA (Atlantic Province Special Education Authority) are liable to the Class Members for physical, sexual and/or mental harm experienced by Class Members as a result of their experiences at the schools. A judgment on the common issues will bind all Class Members who do not opt out.

Class counsel compensation:

Class counsel has agreed to act on the basis that they will not be paid any legal fees unless and until the class action is either settled or successfully tried to judgment and the Class Members are entitled to recover damages.

The Representative Plaintiffs have entered into a Contingency Fee Agreement with class counsel. Class counsel will apply to the court at the conclusion of the case to have their legal fees approved. Class counsel will pay for all case expenses incurred in prosecuting the case and if the case is successful, class counsel will apply to the court to be reimbursed for these case expenses. If the case is not successfully settled or tried, class counsel will not be paid or be reimbursed for any expenses.

Where can Class Members get more information?

For more free information, or to access opt out forms, visit:

https://wagners.co/current-class-actions

or contact class counsel at the address below:

Wagners

1869 Upper Water Street

Suite PH 301, Pontac House

Historic Properties

Halifax NS  B3J 1S9

Phone (local): 902-425-7330

Toll Free:  1-800-465-8794

Fax:  902-422-1233

Email: [email protected]

A video containing an explanation by a sign language interpreter is available on Wagners’ YouTube channel. The video can also be provided to you electronically upon request. To quickly access the video, please click the below link:

    Certification Explanation Video

If you do not want to participate, you must opt out on or before the deadline stipulated in the opt out form (May 1, 2019). If you opt out you will not be entitled to share in any recovery or take the benefit of any ruling in this case.

Representative Plaintiffs:

Richard Robert Martell

Michael Gerald Harry Perrier

c/o Wagners (address provided above)

This summary notice has been approved by the Supreme Court of Nova Scotia. Do not Contact the Court about this Certification.

Certification was granted on January 31, 2019. The parties are preparing for a common issues trial. The trial dates have not been scheduled yet.