ELB Class Action Law Suit Settlement Reached

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ELB Class Action Law Suit Settlement Reached

Post by Bruce72 on Wed 12 Sep 2018, 10:20 am

http://mdlo.ca/class-proceeding-notice-of-settlement/

CLASS PROCEEDING – NOTICE OF SETTLEMENT
On Monday, September 10, 2018, Justice Kane of the Federal Court of Canada approved a Notice of Settlement Approval (“Notice”). The Notice announces that a motion will be heard before the Federal Court in Ottawa from December 10 through December 12, 2018, in which Class counsel will ask the Federal Court to approve a settlement that involves the Government of Canada paying $100 million to resolve the litigation.

The settlement proceeds will be divided into two separate funds, one fund for Canadian Forces members who were affected by deductions from Earnings Loss Benefits (“or ELB”) or Canadian Forces Income Support (“CFIS”) benefits between April 1, 2006 and May 29, 2012, and a second fund for war veterans who were entitled to receive a War Veterans Allowance (“WVA”) before 2012.

Based on current estimates, Class Members who received ELB or CFIS will be paid an amount based on their current Pension Act disability assessment ranging from $2,500 to $50,000 depending on their assessed degree of disability. Class Members who were entitled to WVA will be paid a lump sum currently estimated to be $2,500. The figures payable could change based upon closer analysis of class size and/or factors relating to individual entitlement.

The details of the settlement are in the English and French language versions of the Notice appended the Federal Court’s order, which you can click here: T-1068-14 Order.

The Notices will be published later this week in national media and copies will also be mailed to the last known address of Class Members.

Class members who previously opted out of the Class Proceeding will be entitled to opt back in to benefit from the settlement.

If you wish to speak to class counsel please call Gowling WLG at 416-369-6183 or Michel Drapeau Law Office at 613-236-2657, Extension 205. You can also email us at Veterans@gowlingwlg.com or Michel.Drapeau@mdlo.ca or Joshua.Juneau@mdlo.ca;

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Re: ELB Class Action Law Suit Settlement Reached

Post by Garrison on Wed 12 Sep 2018, 10:34 am

Thanks Bruce looks good
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Re: ELB Class Action Law Suit Settlement Reached

Post by Lincoln on Wed 12 Sep 2018, 10:37 am

WOW! Good news!
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Re: ELB Class Action Law Suit Settlement Reached

Post by Slann19 on Wed 12 Sep 2018, 10:41 am

The range of $2,500 to $50,000 will make it worth the wait.
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Re: ELB Class Action Law Suit Settlement Reached

Post by RunningLight on Wed 12 Sep 2018, 10:54 am

Happy to hear a settlement has been reached.
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Re: ELB Class Action Law Suit Settlement Reached

Post by Bruce72 on Wed 12 Sep 2018, 11:55 am

Slann19 wrote:The range of $2,500 to $50,000 will make it worth the wait.

The members of this class action lawsuit, myself included, have been waiting approximately 6 years for this settlement. When the SISIP case finished up the ELB case officially started as far as I'm concerned.

In my case I had 48 months of my PA pension clawed-back, from 2008 to 2012. By my rough calculations I will receive half of the amount owing after the lawyers take their 17% and if I accept what the government has offered.

So, six years and no interest and half the monies owed. I'm still deciding if I'm satisfied.

To be fair, in my mind at least, there are a lot of veterans out there who receive no help or little to no help from VAC for a variety of reasons. And I truly feel for them.

I've been dealing with VAC since before I left the service. I had pensions in place for my feet and knees before I left the service. At times it has been a battle with VAC staff and case managers.

However, the last few years VAC has really stepped up and offered assistance. I can honestly say that I don't harbor the same ill feelings towards the system that I had for a decade, from a personal point of view. Although I am still thoroughly disappointed at how some other vets are treated.

I'm a dual PA and NVC veteran and until the discrepancies that exist between these two streams of veterans are addressed, there will never be a sense within the veteran community that their is equality among our ranks and that the government recognizes our sacrifices.

So I guess my point is, maybe I should accept this settlement with regards to how it affects me and stay out of the way of veterans who are still fighting for their benefits.
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Re: ELB Class Action Law Suit Settlement Reached

Post by Vizzer1 on Wed 12 Sep 2018, 12:44 pm

The way I see it there's not much anyone can do about the deal. So I'II take it and look at it in the light of it's better than not getting anything. Also we've waited long enough, time to collect and move on. Don't know what the fees will be.
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Re: ELB Class Action Law Suit Settlement Reached

Post by Forcell on Wed 12 Sep 2018, 12:58 pm

I'm happy it's finally over and those involved will get something.
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Re: ELB Class Action Law Suit Settlement Reached

Post by Accer on Wed 12 Sep 2018, 3:35 pm

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Re: ELB Class Action Law Suit Settlement Reached

Post by Trooper on Wed 12 Sep 2018, 6:18 pm

It's still early but so far I'm seeing where individuals are just happy to see an end to this. There's really not much to add to it because it's already been approved. So any amount is better than no amount I guess. So take what is given and be glad to finally see the end coming knowing you will receive something.

Here is QUESTIONS AND ANSWERS REGARDING THE PROPOSED SETTLEMENT

1. What is this class action about?
The Class Action was commenced in 2014 and is about three benefits available to Canadian Forces (CF) and war veterans: (a) the War Veterans Allowance (WVA); (b) the Canadian Forces Income Support benefit (CFIS); and (c) the Earnings Loss Benefit (ELB).

Before 2012, these benefits could be reduced by any disability pension benefits received by a veteran under the Pension Act. The greater the disability pension received by a veteran, the greater the deduction from his or her entitlement to the other benefits.

The class action alleges that deduction of disability benefits from ELB, CFIS, and WVA violated s. 15 of the Canadian Charter of Rights and Freedoms, which prohibits discrimination based on disability. The class action seeks damages and compensation for all class members who were subject to the deduction.

The Class is represented in the case by Gowling WLG and Michel Drapeau Law Office (“Class Counsel”).

2. What is the Nature of the Proposed Settlement?
Under the proposed settlement, Canada has agreed to pay $100 million to resolve the class action. The settlement will cover all claims for damages, compensation, legal fees, costs, and disbursements. $70 million of the total amount will be allocated to CF members who received a VAC disability pension under the Pension Act between April 2006 and May 2012 and who were also entitled to ELB and CFIS. The remaining $30 million will be allocated to war veterans who received a VAC disability pension under the Pension Act between April 2006 and May 2012 who were entitled to WVA.

3. Am I a member of the class?
Class members are CF or war veterans whose WVA, ELB, or CFIS benefits before 2012 were reduced or eliminated based on deduction of Pension Act disability payments. Most Class Members have been identified by Veterans Affairs Canada (VAC) and were sent a Notice in the mail in August 2016. If you did not receive a Notice but believe that you are part of the class, please contact VAC through your Case Manager or Class Counsel.

Some veterans received Notices from VAC in error in August 2016 based on an over-inclusive notice program. If you received a Notice but did not receive, or qualify for, ELB, CFIS, or WVA between 2006 and 2012, and were therefore not subject to any deduction of Pension Act benefits during that period, you are not a Class Member and cannot benefit from settlement of the Class Action.

4. Do I have to “join” the class action or make a claim under the Settlement Agreement for compensation?
No. All members of the Class have been identified by Veterans Affairs Canada and sent a Notice in the mail in August 2016. If you have not received a Notice but believe you are part of this class, please contact VAC through your Case Manager, or Class Counsel.

5. If I opted out, can I opt back in?

Yes. If you previously opted out, you may opt back in by submitting an “Opt-In Form” to class counsel on or before November 30, 2018. The form may be downloaded here: http://www.mdlo.ca/

6. How much money will I receive?
WVA Class members will receive a lump sum currently estimated to be between $2,000 and $2,500.

ELB and CFIS class members will receive payments proportional to their degree of disability, assessed under the Pension Act, as of the date of settlement approval. The payments are expected to range from $2,000 to $50,000.

These payment estimates could change based on further investigation of financial information and total class entitlement.

7. How and when will I receive payment?

In December 2018, the Federal Court will be asked to approve the terms of the proposed settlement. Once approved, payments from VAC are expected to be sent via cheque within six (6) months.

8. What happens if a Class Member dies?

If a Class Member has died since the first Notice was published on August 5th, 2016, the estate of the deceased Class Member may be eligible for the payment under the proposed settlement. Class Members who died before August 5th 2016 will not be eligible for payment under the proposed settlement.

9. .What do I do if I disagree with the settlement amount?

If you disagree with any part of the Notice of Settlement, including the settlement amount(s) payable, you have the right to present your objection to Class Counsel by November 30, 2018 or appear before the Federal Court on December 10, 2018.

If you wish to appear for the settlement hearing, you can either attend in person in Ottawa at the Federal Court of Canada located at 90 Sparks Street, Ottawa, Ontario or at Federal Court locations in other Canadian cities that will be linked in to the hearing in Ottawa through live video teleconference. If you wish to personally attend, we would ask that you contact Class Counsel, at the address below, by no later than Friday, 23 November 2018, so that arrangements can be made to ensure that appropriate space and video-teleconference capacity are available in the Federal Court location closest to you.

10. What are the next steps in litigation?
In December 2018 the parties will appear before a judge of the Federal Court at the settlement approval hearing. If the proposed settlement is approved, cheques will be mailed to Class Members within 6 months at their last known address on record with VAC.

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Re: ELB Class Action Law Suit Settlement Reached

Post by RunningLight on Wed 12 Sep 2018, 7:18 pm

Federal government agrees to pay $100-million for pension clawbacks from disabled veterans

GLORIA GALLOWAY PARLIAMENTARY REPORTER
OTTAWA
PUBLISHED Sept 12, 2018

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Re: ELB Class Action Law Suit Settlement Reached

Post by Hunter on Wed 12 Sep 2018, 8:50 pm

Government settles class action suit and will pay disabled vets $100M

By Charlie Pinkerton. Published on Sep 12, 2018


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Re: ELB Class Action Law Suit Settlement Reached

Post by Highlander on Thu 13 Sep 2018, 4:00 pm

Ottawa announces settlements in two class actions over benefits denied disabled veterans, sick moms
Thursday, September 13, 2018



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Re: ELB Class Action Law Suit Settlement Reached

Post by Apollo on Fri 14 Sep 2018, 8:19 am

The Trudeau government has been running up a heavy legal tab defending court actions involving veterans

Ottawa says it will settle class-action suit with disabled veterans

By Terry Haig | english@rcinet.ca
Friday 14 September, 2018


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Re: ELB Class Action Law Suit Settlement Reached

Post by Edgefore on Sat 15 Sep 2018, 10:42 am

Class Action (Toth v. Her Majesty) Website Question


Terence says:
September 13, 2018 at 2:27 pm
ABRIDGED

How do I find out what my personal award?



Michel Drapeau Law Office says:
September 14, 2018 at 4:42 pm
ELB and CFIS class members will receive payments proportional to their degree of disability, assessed under the Pension Act, as of the date of settlement approval. The payments are expected to range from $2,000 to $50,000.


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Re: ELB Class Action Law Suit Settlement Reached

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