A Nova Scotia Supreme Court judge has approved a settlement in a class action lawsuit against the Nova Scotia government. Photo by Staff /StaffArticle contentA Nova Scotia Supreme Court judge has approved a settlement in a class action against the Nova Scotia government that alleged the province mismanaged its system of disability assistance and in doing so violated the Canadian Charter of Rights and Freedoms.THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY.Subscribe now to access this story and more:Unlimited access to the website and appExclusive access to premium content, newsletters and podcastsFull access to the e-Edition app, an electronic replica of the print edition that you can share, download and comment onEnjoy insights and behind-the-scenes analysis from our award-winning journalistsSupport local journalists and the next generation of journalistsSUBSCRIBE TO UNLOCK MORE ARTICLES.Subscribe or sign in to your account to continue your reading experience.Unlimited access to the website and appExclusive access to premium content, newsletters and podcastsFull access to the e-Edition app, an electronic replica of the print edition that you can share, download and comment onEnjoy insights and behind-the-scenes analysis from our award-winning journalistsSupport local journalists and the next generation of journalistsRegister to unlock more articles.Create an account or sign in to continue your reading experience.Access additional stories every monthShare your thoughts and join the conversation in our commenting communityGet email updates from your favourite authorsSign In or Create an AccountorArticle contentThe class action was brought by Isai Estey, his late father Steven and his mother, Anne MacRae.Article contentArticle contentThe case was filed in May 2022 and certified as a class proceeding in June 2024. It alleged that the Province of Nova Scotia’s mismanagement of its system of disability assistance violates Sections 7 and 15(1) of the Charter and is negligent.Article contentArticle contentThe class action was filed to claim compensation for people with disabilities who were determined to be eligible to receive disability services under the Social Assistance Act but were placed on a waitlist, or in institutions, nursing homes or hospitals.Article contentJustice Darlene Jamieson said that “after consideration of all of the factors . . . I am of the view that the proposed settlement is fair, reasonable, and in the best interests of the class,” she said at the conclusion of the full-day hearing Friday.Article contentLawyer John McKiggan told Jamieson in his submissions that the case was brought on behalf of potentially thousands of people with disabilities in Nova Scotia who received unfair treatment when seeking help under the act.Article content“Instead of having the opportunity to live in their communities fully integrated into society, many were placed in old, outdated large institutions, sometimes a great distance from their family and community members,” McKiggan said.Article contentArticle content“Others were placed on long waiting lists for community homes, sometimes for years, or were placed in hospitals or nursing homes or even locked psychiatric units, even when they didn’t need to be there for medical reasons.”Article contentMcKiggan said the proposed settlement is between $32 million and $34 million before expenses, fees and administration costs. The amount for plaintiffs is around $18.3 million.Article content“That money will go to persons with disabilities who were eligible for support under the Social Assistance Act and who suffered because of unfair treatment,” McKiggan said.Article contentIt’s one of the largest settlements in Nova Scotia history.Article contentMcKiggan said people with disabilities spent years or sometimes decades waiting for help.Article content“While they were waiting, thousands of people had to stay with family members who were aging . . . but it is unfair to assume that family members should be obliged to care for their loved ones without compensation simply because the province has failed to properly fund the program designed to support their needs,” McKiggan said.
Judge approves multimillion-dollar settlement in class action over disability rights in Nova Scotia
