Indian Day School class action offers extensions by request

TORONTO — Indigenous students who formerly attended Indian Day Schools in Canada and qualify for the Indian Day School Class Action Settlement can now apply for a special consideration extension to file their claim.

On July 14, one day after the settlement deadline, class counsel announced that anyone in need of a special consideration extension can submit an Extension Request Form until January 12, 2023.

“Even with the existing supports available, we acknowledge that some Class Members may find the claims process challenging (notably, concerning estate claims) and may be unable to submit a claim prior to the deadline. In anticipation of such events, the Settlement Agreement provides for a six-month extension period to file claims until January 13, 2023.” says Cam Cameron, Class Counsel lead for the Federal Indian Day School Implementation.

Extension requests are not granted automatically but on a case-by-case basis after a review by the Exceptions Committee. Claimants seeking this extension will need to identify a reason as to why they have been unable to file a claim by the July 13, 2022 deadline. The Extension Form must be submitted either before Claimants submit their Claim Form or together with their Claim Form.

“We encourage individuals in need of support to call Class Counsel, we remain available to assist, free of charge, during the extension period”, says Cameron.

To date, more than 150,000 Claim Forms have been filed with the Administrator, which exceeds the third-party actuarial estimate of 120,000 to 140,000 claims.

The Court-approved Settlement Agreement sets January 13, 2023 as the end of the submission process. The Administrator will not be able to accept Claim Forms after that date.

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