Canadian Armed Forces Class Action

**Update January 11, 2023**

CAF/DND Sexual Misconduct Class Action – Late Claims Update

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.

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.

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.

 

**Update September 23, 2021**

Notice to Potential Members of the CAF-DND Sexual Misconduct Class Action

RavenLaw reminds all potential members of the CAF-DND Sexual Misconduct Class Action that the deadline to submit a claim is approaching. Potential members have until November 24, 2021, to submit a claim for compensation. Eligible claimants are encouraged to submit their claims as soon as possible, in advance of that deadline. The online claim form is accessible here: https://www.caf-dndsexualmisconductclassaction.ca/en/claim 

The claims process is currently well underway and decisions are being released. While the claims form is intended to be user-friendly, all claimants can contact our firm or the Administrator at any time for free assistance, using the information below. We are available to help you with any issues you may be facing, including if you would like to add a new category to your claim.

Raven, Cameron, Ballantyne & Yazbeck LLP
Tel: 613-567-2901
Email: armedforcesclassaction@ravenlaw.com

Epiq Class Action Services Canada Inc.
Tel: 1-888-626-2611

Email: info@caf-dndsexualmisconductclassaction.ca

Please also note that the Administrator has updated its website with additional information answering frequently asked questions.  If you have remaining questions about eligibility, documentary requirements, or claims processing, you may find answers in these FAQs. To access the new FAQs please go to: https://www.caf-dndsexualmisconductclassaction.ca/en/faq 

 

**Update May 24, 2020**

Claims Process Beginning in the CAF/DND Sexual Misconduct Class Action

We are pleased to announce that the claims process in the CAF/DND Sexual Misconduct Class Action will begin on May 25, 2020 and will continue until November 24, 2021.

Who can make a claim? The claims process is open to all current and former members of the Canadian Armed Forces, as well as current and former employees of the Department of National Defence and the Staff of Non-Public Funds, Canadian Forces. Both men and women can obtain compensation in this process.

The Claim Form provides more information about eligibility for compensation, but anyone who meets the following criteria is strongly encouraged to apply:

  • If you are a woman or you identify as LGTBQ2+, and you have personally seen, heard, or experienced sexual harassment or gender-based or LGBTQ2+-based discrimination connected to your military service or employment with DND/SNPF. (NOTE: For this category of compensation, the incident(s) you experienced must have occurred between April 17, 1985 and November 25, 2019.)
  • If you experienced any of the following connected to your military service or employment with DND/SNPF:
    • Sexual harassment that was targeted, ongoing, or severe;
    • Sexual assault in the form of unwanted touching;
    • Sexual activity to which you did not or could not consent; or,
    • Sexual attack.
    • (NOTE: For this category of compensation, the incident(s) you experienced must have occurred anytime before November 25, 2019.)

You may also contact our firm if you have questions about whether you should submit a claim.

When can I make a claim? The claims process will begin on Monday, May 25, 2020.

How long will I have to make a claim? The claims process will last for 18 months, with a deadline of November 24, 2021.

How do I make a claim? To make a claim for compensation or to participate in the Restorative Engagement process, you must complete the Claim Form and send it to the Administrator, along with any supporting documents. We recommend that you collect all the supporting documents you may need before filing your Claim Form so they can be filed together with your Claim Form. To access a copy of the Claim Form, please visit: https://www.caf-dndsexualmisconductclassaction.ca/. Claim Forms will be available once the claims process begins. You can call the Administrator or our firm with any additional questions you may have.

What if I need support? You may find that the class action triggers painful memories, or that preparing to submit a claim is difficult for you. We encourage you to seek support from a family member, counselor, treating health care professional, friend, or the support network that is available for assistance and support. You can also access confidential online or telephone resources to assist with the claims process, or for immediate help, ongoing support, or reporting. A list of resources is available here: https://www.caf-dndsexualmisconductclassaction.ca/en/support.