Twitter Updates
Search

Nova Scotia Immigration Fees

Claims Period Closed

The deadline for claims in this action was in May 2012. 

 

January 12, 2011

Opt Out Period Closed, Settlement Going Ahead

The "opt out" period in this action is now closed. Fewer than 50 people opted out, so the settlement will go ahead as planned. The Nova Scotia Office of Immigration is beginning to process claims and will begin mailing cheques in the coming weeks.

Class members who have submitted a claim will be contacted by the Nova Scotia Office of Immigration when their claim has been processed.

If you have not made a claim, you have until May 4, 2012 to do so.

If you have questions about how to make a claim or the status of your claim, feel free to contact Greg McMullen at Branch MacMaster LLP at gmcmullen@branmac.com or 604-631-2560.

Notice of Certification and Approval

Notice of Certification and Approval is also available in: 한국어/조선말 (Korean) - 简体中文 (Chinese (Simplified)) - 繁體中文 (Chinese (Traditional)) - فارسی (Persian)

If you paid fees to the Economic Stream of the Nova Scotia Nominee Program, you might be able to get some money back from the Province of Nova Scotia. Read this to find out more. 

What is this about?

A lawsuit was started against the Province of Nova Scotia in 2009. The goal was to get a refund for people who applied for and paid fees into the former Economic Stream of the Nova Scotia Nominee Program. The Supreme Court of Nova Scotia has now certified that lawsuit as a class action. Your legal rights may be affected. The lawyers for both sides have made a deal that would give a refund to eligible people. The Supreme Court of Nova Scotia approved the settlement as fair and reasonable on September 26, 2011. A copy of the Order approving the settlement will be available below.

Am I included?

You may be able to get a refund if you paid money to Nova Scotia, landed and obtained permanent resident status in Canada, and did not already get a refund. As long as you told the truth in your application and immigration filings, you should be eligible for a refund.

What does this mean for me?

If you are a Class Member, your legal rights are affected. You will benefit from any settlement, but you must give up your right to sue the Government of Nova Scotia on your own.

How much will I get?

If you were not paid anything under a business mentorship, you will get $63,750 back ($75,000 minus an approved 15% fee of $11,250) if your claim is successful. If you were paid under a business mentorship, the amount you were paid will be deducted from $75,000. The 15% fee will be taken from the net amount.  

Do I have to pay anything out of my own pocket?

No. The lawyers' fees have already been accounted for in the amount set out above. You will not be billed. The Supreme Court approved the lawyer's fee as fair and reasonable.

How do I get my money?

You have to fill in a Claim Form. The Claim Forms are available for download below. You must mail, fax, or email in the form by May 4, 2012. 

What if I do not want to take part?

If you do not want to take part, you have to opt out. If you opt out, you will not get any benefit from the settlement. You will have to sue the Government of Nova Scotia on your own if you wish to recover anything. To opt out, download the opt out form, and submit it to the address listed. If you want to opt out, you must do so before January 5, 2012.

What if too many people opt out?


If more than 50 people opt out, the Province has the right to cancel the settlement. Neither the Province nor the lawyer for the class expect this to occur however. 

I have other questions. 

If you still have questions, just contact the lawyer appointed by the court to act for the class, Greg McMullen at Branch MacMaster LLP, at gmcmullen@branmac.com or 604-631-2560.

News reports:

CTV News: Court approves compensation deal over failed NS program (video)

Halifax Chronical Herald: Court OKs $25m compensation deal in failed N.S. immigration program (cover)

Metro News Halifax: Settlement OK'd for immigrants (cover)

Halifax Chronicle Herald: Court approves compensation deal

Halifax News 95.7: Settlement reached over failed N.S. Immigration Program

Huffington Post: Court approves $25M in compensation over failed Nova Scotia immigration program

Canada 

 

OLDER NEWS

September 26, 2011

The settlement agreement was approved by the Supreme Court of Nova Scotia at the hearing on September 26, 2011. Class members who have already received notice by mail or email will be getting more information soon, including the claim form that must be filled in and returned to the Province. 

If you have any questions about how to fill out these forms, contact the lawyer appointed by the Court to represent the class members - Greg McMullen at Branch MacMaster LLP. You can reach Greg by email atgmcmullen@branmac.com.

July 8, 2011

If you paid fees to the Economic Stream of the Nova Scotia Nominee Program, there is a proposed settlement of your claim being considered by the courts. Read this to find out more.

What is this about?

A lawsuit was started against the Province of Nova Scotia in 2009. The goal was to get a refund for people who applied for and paid fees into the former Economic Stream of the Nova Scotia Nominee Program. The Supreme Court of Nova Scotia is now being asked to certify that lawsuit as a class action. Your legal rights may be affected. The lawyers for both sides have made a deal that would give a refund to eligible people. The Supreme Court of Nova Scotia is being asked to approve the settlement as fair and reasonable.

Would I be included if the court approves the settlement?

You would be if you (1) paid money to Nova Scotia under the Economic Stream of the Nova Scotia Nominee Program, (2) landed and obtained permanent resident status in Canada, and (3) did not already get a refund. As long as you told the truth in your application and immigration filings, you should be eligible for a refund.

How much would I get? 

If you were not paid anything under a business mentorship, you will get $75,000 less the 15% approved legal fees if your claim is successful. If you did receive anything under a business mentorship, your payment will be further reduced by that amount.

Would I have to pay anything out of my own pocket?

No. The lawyers' fees will be paid by the Province and automatically deducted as set out above. You will not be billed. The Supreme Court must approve the lawyer’s fee as fair and reasonable. The lawyers will be seeking payment of the $450,000 for costs, paid by the Province, and limiting the amount payable from each individual class member's award to 15%, inclusive of all taxes and disbursements.

Can I apply to get my money now?

No, the court has to approve the settlement first. If you would like to make sure that you receive a claim form later, you can email your details to the lawyers for the proposed class. The contact lawyer for the class is Greg McMullen, who can be reached at gmcmullen@branmac.com or 604-631-2560.

Will taking part jeopardize my Canadian citizenship or permanent resident status?

There is no reason why taking part in this settlement should impact your immigration status or citizenship. Note that the settlement is with the Nova Scotia Government, not the Federal Government.

What do I do if I want to support or oppose the settlement?

Let Greg McMullen know. You can email or mail him your views at gmcmullen@branmac.com or 1410-777 Hornby Street, Vancouver BC, V6Z 1S4. You also have the right to attend the hearing, which will take place at the Law Courts, 1815 Upper Water Street, Halifax, Nova Scotia on September 26, 2011 at 9:30am (ADT).

What if I do not want to be part of the class action if it is approved?

If the settlement is approved, you have the option not to participate. You will be able to complete an opt out form if you do not want to receive any benefits or be bound by the result. If you do not want to take part, you have to opt out. If you opt out, you will not get any benefit from the settlement.

What if too many people opt out?

If more than 50 people opt out, the Province will have the right to cancel the settlement. Neither the Province nor the lawyer for the class expect this to occur however.

I have other questions.

The formal court documents can be downloaded below. If you still have questions, just contact the lawyer appointed by the court to act for the class, Greg McMullen at Branch MacMaster LLP, at gmcmullen@branmac.com or 604-631-2560.

Download documents:

Order Certifying Action and Approving Settlement (1.9 MB) - October 3, 2011

Plaintiff's Argument for Certification and Approval (1.5 MB) - September 9, 2011

Affidavit of Greg McMullen - Response from Class Members - September 9, 2011

Amended Order for Preliminary Settlement Approval - July 28, 2011

Affidavit of Peter King - Settlement Approval - July 21, 2011

Notice of Motion for Certification and Approval - July 20, 2011

Affidavit of Greg McMullen - Approval (6.2 MB) - July 20, 2011

Press release - July 8, 2011

Order for Preliminary Settlement Approval - July 8, 2011

Proposed settlement agreement - July 8, 2011

Preliminary notice to class members - July 8, 2011

 

Links

Province of Nova Scotia press release - July 12, 2011

Province of Nova Scotia website