ELB Class Action Law Suit Settlement Reached

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Post by Xforce2000 on Sat 08 Dec 2018, 1:51 pm

Bruce72 wrote:
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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Post by Alpha on Sun 16 Dec 2018, 11:54 am


December 12, 2018 (Update)

ELB Class Action Law Suit Settlement Reached - Page 3 Modernize-3-2.jpg?zoom=1 The parties made submissions to the Federal Court on 10 and 11 December 2018 in support of approving the settlement, Class Counsel’s fees, and the honorarium payment to Raymond Toth. The Court is now considering the submissions and is expected to release a decision in the New Year


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Post by Silveray_88 on Fri 21 Dec 2018, 9:00 pm

A bit of updated info........

The proposed settlement is intended to compensate disabled veterans for alleged Charter of Rights violations and associated harm relating to deductions from ELB, CFIS, or WVA benefits made between 2006 and 2012. Payments to ELB and CFIS Class Members will be proportional to their degree of disability assessed under and subject to the Pension Act. Payments to WVA Class Members will be lump sum amounts based on overall WVA entitlements paid between 2006 and 2012. This methodology is consistent with the nature of the claim, which is for damages arising from alleged breaches of veteran’s Charter rights.

There are legal risks associated with judicial determination of the class action. The legal risks inherent in veterans’ claims against the Crown were recently demonstrated by the complete dismissal of the Equitas lawsuit. The settlement was structured to ensure timely payments to Class Members and avoid complex, costly, or time-consuming claims processes that could prevent, diminish, or significantly delay payment.

Class Counsel are seeking to achieve the most favourable tax treatment possible for payments to Class Members. Class Counsel are working with the Canada Revenue Agency on taxation issues relevant to settlement payments.

This case is also fundamentally different from the Manuge class action. Manuge involved the improper deduction of pension entitlements from insurance benefits payable to veterans based on a finding by a Federal Court judge that the deductions violated the law of contract. The proposed settlement in this case involves alleged discrimination based on disability under the Charter and is being resolved before any judicial determination of the legal issues.


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