Nova Scotia judge approves $32-million settlement for people with disabilities

A judge has approved one of the largest class-action settlements in N.S. history. The agreement could see the province paying $32 million to 2,600 residents with disabilities.

A judge has approved one of the largest class-action settlements in Nova Scotia history, saying the agreement could see the province paying $32 million to as many as 2,600 residents with disabilities.

The award is aimed at compensating mentally and physically disabled residents who for years were wrongly denied social assistance benefits under the province’s disabilities assistance program.

Nova Scotia Supreme Court Justice Darlene Jamieson said the settlement, which could rise to $34 million, was “fair, reasonable and in the best interests” of those involved.

In a statement of claim filed in October 2022, lawyers for 25-year-old plaintiff Isai Estey argued that the disabled man’s Charter rights had been violated by the province’s “cruel and inhumane” actions.

The claim says that since 1998, the province has had a statutory obligation to provide social assistance to residents in need, but they argued that obligation was largely ignored for people with disabilities.

Public funds set aside for disability assistance benefits were limited by an arbitrary cap and were treated as discretionary, which resulted in many applicants being placed on wait-lists.

Without that financial support, many applicants had no choice but to remain in large institutional facilities, nursing homes, hospitals or small-options homes far from their families.

In 2021, the Disability Rights Coalition won a Nova Scotia Court of Appeal decision that identified systemic discrimination against people with disabilities seeking housing and supports in the community.