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Federal Court Allows Late Claims In CAF Sexual Misconduct Lawsuits

By Adam Riley Jan 12, 2023 | 5:30 AM

Blogtrepreneur / CC

The ruling issued last week will allow late claims in the Canadian Armed Forces/Department of National Defence Sexual Misconduct Class Actions, where it is in the interests of justice to do so until February 5th of this year.

When the motion was heard approximately 640 people were seeking to file late claims after the deadline, which had been set for January 23rd, 2022.

However, claimants must establish four elements:

  1. A continuing intention to pursue the matter
  2. That the claim has some merit
  3. No prejudice arises from the delay
  4. There be a reasonable explanation for the delay.

Reasons many claimants had for being unable to meet the deadline were commonly tied to the emotional and psychological difficulties they suffered as a result of the sexual misconduct they experienced in the Canadian Armed Forces.

The Class Action Administrator will then review each late claim and determine if it can be accepted or not.

One of the representative plaintiffs in the class actions, Nadine Schultz-Nielson, expressed her happiness of the ruling.

“I am extremely pleased that these courageous people, who have overcome their fears and challenges in order to come forward, have been granted an opportunity to participate in this historic class action settlement.”

Those who have already submitted a later claim after January of 2022 must provide reasons to the Administrator establishing how they believe they meet the above test. For those who have yet to make a claim, they must submit their claim to the Administrator, and the reasons seeing out why they meet the above test no later than February 5th.


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