The Claims Period is now open. Claimants have until July 27, 2028 to submit a Claim for compensation.
Lawyers
Learn more if you’re a Class Member who wants to hire a lawyer.
Completing a Claim as a Lawyer
In some cases, a Claimant or Representative might hire a lawyer to complete their Claim.
The Claims Process is the same, but Lawyers will need to provide additional documentation to demonstrate that they are acting on behalf of the Claimant, and information to request the payment of some legal fees.
If you are not a lawyer but are completing the Claim Form for someone who passed away on or after January 25, 2016, someone who is alive but a Person Under Disability there are resources to help you complete those Claims:
One Claim Form
A lawyer may submit a Claim Form on behalf of a Claimant or assist a Claimant in submitting a Claim Form if they have been retained to do so. The Claims Process is the same for all Claimants, whether the Claim is completed by the Claimant, a Representative, or a lawyer. However, when a lawyer is involved, additional information and documentation are required.
A lawyer may support a Claimant in different ways throughout the Claims Process. This can include providing legal advice, helping a Claimant complete and submit a Claim Form, or assisting with a Reconsideration after a decision is issued. A lawyer may also take on more than one of these roles for the same Claimant. The steps outlined below describe the process that applies when a lawyer has been retained to help a Claimant complete and submit their Claim Form. Other forms of legal assistance follow the same Claims Process but may involve different steps or documentation.
1. Complete the Claim Form
When assisting a Claimant with their Claim, a lawyer must complete all required sections of the Claim Form. These include the privacy and acknowledgement section, which must be signed by the Claimant or Representative, Claimant details and contact information, hospital admission information, details about the abuse or harm experienced, and payment information. These sections are required for every Claim, regardless of who completes the Claim Form.
You’ll also need to provide proof of the Claimant’s identity.
Depending on the Claimant’s circumstances, other appendices may also need to be completed. These include appendices for additional hospital admissions, additional details about the Claimant’s experiences, Claims submitted for deceased Claimants, or Claims submitted for a person under disability. These appendices are completed when applicable and are not specific to lawyers.
2. Complete Appendix E – Individual Legal Counsel
In addition to these required sections, a lawyer must complete Appendix E, which is specifically for Individual Legal Counsel.
Appendix E confirms that the person submitting the Claim is a practising lawyer, licensed in a Canadian province or territory, and is in good standing with their law society. This appendix also confirms that the lawyer is authorized to act on behalf of the Claimant.
3. Step 3: Written retainer and payment request form
As Individual Legal Counsel, you must provide the Retainer Agreement signed and dated by you and the Claimant or the representative applying on the Claimant’s behalf.
Please refer to the Individual Legal Fees Protocol for further details related to the processing of payment of legal fees.
Your Retainer must indicate that the legal services provided are for the purpose of assisting the Claimant with their Claim under the Settlement Agreement.
- Individual Legal Counsel must have submitted a valid Retainer Agreement in line with the Individual Legal Fees Protocol and be a practising lawyer in good standing in a Canadian province or territory.
- In order to receive payment of prescribed legal fees, you will also need to complete and return the Individual Legal Counsel Payment Request Form.
If you move, change your email address or phone number, please provide your new contact information to the Claims Administrator at 1-888-592-9101.
How legal fees are paid
If a Claimant receives compensation, the lawyer who assisted them can request their legal fees be paid by the Government of Canada.
The Government of Canada, in accordance with the Settlement Agreement and Individual Legal Fees Protocol, will pay a practising lawyer in good standing in a Canadian province or territory an amount up to 5% inclusive of disbursements, plus applicable taxes, of the value of the compensation amount for their assistance with an Approved Claimant’s Claim. This payment will not be deducted from the Approved Claimant’s compensation payment.
Deducting any fees from the claimant’s compensation payment is prohibited by the Court. In exceptional circumstances, a lawyer may be able to apply to the Court for an amount up to 10 per cent. If approved, this additional amount will be paid directly by the Government of Canada. It cannot be deducted from the Claimant’s compensation.
Lawyers working with a Claimant or Representative who is not approved for compensation will not be able to submit a request for legal fees to be paid by the Government of Canada.
If the requirements of the Settlement Agreement and the Individual Legal Fees Protocol are met, and the Claimant has been approved for compensation, the lawyer is paid separately after the Claims Administrator receives the below required documents:
- a valid retainer agreement
- confirmation of the Final Compensation Determination
- the completed Individual Legal Counsel Payment Request Form
- the required funding from the Government of Canada.
Final Compensation Determination means the Claims Administrator has reviewed the Claim and confirmed the payment amount.
A lawyer who does not meet the requirements of the Settlement Agreement or the Individual Legal Fees Protocol will not be eligible for payment.
When a lawyer’s payment is reduced or denied
Situations where the Claims Administrator may reduce or deny payment a lawyer include:
- are not in good standing
- are not licensed to practice law in Canada
- are not practising law
- do not respond to the Claims Administrator
- provide false or misleading information
- mislead the Claimant
- submit incomplete or incorrect documents
- act in ways that harm or delay the Claim
- engage in unprofessional conduct or gross negligence
If a lawyer does not receive payment, this does not affect the Claimant’s compensation. The Claimant still receives their payment directly.
