ELB Class Action Law Suit Settlement Reached

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Re: ELB Class Action Law Suit Settlement Reached

Post by prawnstar on Tue 18 Sep 2018, 5:39 pm

When did VAC stop clawing back our PA pensions. I think it was in 2016?

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Re: ELB Class Action Law Suit Settlement Reached

Post by Trooper on Tue 18 Sep 2018, 6:09 pm

prawnstar wrote:When did VAC stop clawing back our PA pensions. I think it was in 2016?

Hi prawnstar,

It ended in May of 2012.

This suit is for those between 2006 to 2012.

It involves three benefits, ELB, CFIS, and WVA
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Re: ELB Class Action Law Suit Settlement Reached

Post by Matrix on Fri 21 Sep 2018, 8:52 am

The President of the Espanola-Manitoulin War Pensioners of Canada (WPC) is indifferent to a settlement proposed by the federal government that would provide a $100 million settlement in a disabled veterans clawback class-action.

By Tom Sasvari - September 21, 2018


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Re: ELB Class Action Law Suit Settlement Reached

Post by Mullberry on Sat 06 Oct 2018, 9:33 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.


James says:
September 24, 2018 at 6:57 pm


Is there a list of names of all parties involved in this class suit?
Thanks again for your support in this case. I understand everyone’s concern in this case, however this could limit the amount of questions being asked.



Michel Drapeau Law Office says:
September 26, 2018 at 9:55 am


Of course there is a list of those CF members and veterans who are class members.



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Re: ELB Class Action Law Suit Settlement Reached

Post by Masefield on Sat 03 Nov 2018, 9:50 pm

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Re: ELB Class Action Law Suit Settlement Reached

Post by Victor on Sun 02 Dec 2018, 7:08 pm

DECEMBER 1, 2018 – FLASH


The Federal Court of Canada has issued an order on November 30, 2018 to
extent the deadline for the submissions of OPT-IN coupons until February 15,
2019. See Order here: http://mdlo.ca/wp-content/uploads/2016/04/FC-Order.-Optin-2.pdf


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Favourable Ruling from Canada Revenue Agency

Post by Bruce72 on Thu 06 Dec 2018, 2:03 pm

Update December 6, 2018

Favourable Ruling from Canada Revenue Agency

The Canada Revenue Agency has confirmed that payments made under the proposed settlement will be considered non-taxable damages. Veterans will not be required to include payments under the proposed settlement in their income and there will be no reporting or withholding requirements.

Joshua M. Juneau
Barrister & Solicitor / Avocat-notaire

tel  (613) 236-2657 x201
fax (613) 236-7476

http://mdlo.ca/uncategorized/advisory-veterans-class-action-documentation/


Last edited by Trooper on Thu 06 Dec 2018, 6:53 pm; edited 3 times in total (Reason for editing : Added link)
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Re: ELB Class Action Law Suit Settlement Reached

Post by Trooper on Thu 06 Dec 2018, 6:52 pm

Bruce72 wrote:Update December 6, 2018

Favourable Ruling from Canada Revenue Agency

The Canada Revenue Agency has confirmed that payments made under the proposed settlement will be considered non-taxable damages. Veterans will not be required to include payments under the proposed settlement in their income and there will be no reporting or withholding requirements.

Joshua M. Juneau
Barrister & Solicitor / Avocat-notaire

tel  (613) 236-2657 x201
fax (613) 236-7476

http://mdlo.ca/uncategorized/advisory-veterans-class-action-documentation/

That is fantastic news. This will make things much better for those receiving funds.

We all remember the SISIP suit, and the famous T1198 Statement of Qualifying Retroactive Lump-Sum Payment.

We drove those CRA agents nuts over the T1198.

Someone made the right decision to forgive the taxes with this ELB suit.

Tax Free you all served your Country, you all deserve this Tax Free decision towards your upcoming funds.












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Re: ELB Class Action Law Suit Settlement Reached

Post by Bruce72 on Thu 06 Dec 2018, 8:19 pm

Trooper wrote:
Bruce72 wrote:Update December 6, 2018

Favourable Ruling from Canada Revenue Agency

The Canada Revenue Agency has confirmed that payments made under the proposed settlement will be considered non-taxable damages. Veterans will not be required to include payments under the proposed settlement in their income and there will be no reporting or withholding requirements.

Joshua M. Juneau
Barrister & Solicitor / Avocat-notaire

tel  (613) 236-2657 x201
fax (613) 236-7476

http://mdlo.ca/uncategorized/advisory-veterans-class-action-documentation/

That is fantastic news. This will make things much better for those receiving funds.

We all remember the SISIP suit, and the famous T1198 Statement of Qualifying Retroactive Lump-Sum Payment.

We drove those CRA agents nuts over the T1198.

Someone made the right decision to forgive the taxes with this ELB suit.

Tax Free you all served your Country, you all deserve this Tax Free decision towards your upcoming funds.  













In some cases it will mean the difference of thousands of extra dollars. It is good news for class members.
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Re: ELB Class Action Law Suit Settlement Reached

Post by JAFO on Fri 07 Dec 2018, 11:37 am

Yes it's good news that this will be a tax-free payout.

That said why is this going to be a tax-free payout? Since when does the gov't do a 'favor' for vets?

There is a reason and it will be interesting to see who finds it out first....
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Re: ELB Class Action Law Suit Settlement Reached

Post by Bruce72 on Fri 07 Dec 2018, 12:04 pm

JAFO wrote:Yes it's good news that this will be a tax-free payout.

That said why is this going to be a tax-free payout?  Since when does the gov't do a 'favor' for vets?

There is a reason and it will be interesting to see who finds it out first....

Yes, the reason is that Michel Drapeau Law Office argued on behalf of veterans for this tax relief. I spoke briefly to Joshua yesterday by email.

There is no grand conspiracy.
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Re: ELB Class Action Law Suit Settlement Reached

Post by JAFO on Fri 07 Dec 2018, 12:24 pm

What was the point of law that Drapeau argued?

Until there is a complete explanation on why this is tax-free it is a conspiracy Bruce. This is the GoC and VAC fighting veterans in court. The GoC and VAC are ahead in screwing vets over "factual law" situations.

The last thing that needs to happen to vets is have the gov't come back on a technicality and collect taxed money in arrears.

For example is the total payment to the vet tax-free?

It needs to be clearly stated if so because the majority of vets hear "tax-free" and think the whole payment is tax-free then at tax time they do their taxes and realize they have to claim the payment and did not set some of the payout money aside to pay the tax bill.

Did Drapeau's office do the math on which is the lesser tax impact....taxed at payment or yearly taxes?

I'm only taking a wild guess here but I'd bet a dollar to a doughnut that the GoC will get more tax money at tax time then taxing the payment.

Why?

Easy answer....the more the veteran recieves the higher tax bracket that vet is in for that one year at tax time.

Until payment details are thoroughly explained I highly recommend that every veteran set at least 20%-30% of the payment aside until they do their yearly taxes.
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Re: ELB Class Action Law Suit Settlement Reached

Post by Bruce72 on Fri 07 Dec 2018, 12:58 pm

Favourable Ruling from Canada Revenue Agency

The Canada Revenue Agency has confirmed that payments made under the proposed settlement will be considered non-taxable damages. Veterans will not be required to include payments under the proposed settlement in their income and there will be no reporting or withholding requirements.


There's your answer again. Jafo if you are so skeptical, why don't you call Michel Drapeau and speak to them.

Please do not sow discontent on this issue. It is cut and dry and simple. Don't make it into something it is not.
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Re: ELB Class Action Law Suit Settlement Reached

Post by JAFO on Fri 07 Dec 2018, 1:29 pm

Slow your roll Bruce it's not skepticism.

I'm being a realist in making sure ALL veterans understand what is at stake here.

Just because you are handed a silk purse don't think it might not be from a pigs ear. After all everyone assumed the SISIP class action lawsuit decision was going to include the NVC ELB program too....

Asking a question should never be considered as discontent. Questions were not asked properly during the SISIP lawsuit and looked what happened.


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Re: ELB Class Action Law Suit Settlement Reached

Post by Trooper on Fri 07 Dec 2018, 6:40 pm

Well the verbal deal OR arrangement is clear from reading the link from Michel Drapeau's site. In principal anyway. The only thing left now is the court doc Identifying this agreement. I have no reason to believe it won't be filed in the docs. They wouldn't have posted the info if there were any doubts. The reason OR reasons that lead up to the agreement would more than likely be known later. One thing to consider when comparing the SISIP suit to this one is the much larger size of both the suit, and the dollar figure of the SISIP suit. One point that may of played a role in the tax exempt is that even though ELB is taxed, the time frame for the ELB suit is 75% of salary, today it is 90%, just saying. The main thing is the law firm has announced it being tax free. So we go with that announcement.
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Re: ELB Class Action Law Suit Settlement Reached

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