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Post by Rockarm on Thu 31 Jan 2019, 12:56 pm

 JANUARY 30, 2019

The Honourable Madame Justice Kane of the Federal Court of Canada has issued a decision in Toth v. Her Majesty the Queen concluding that the Settlement Agreement is fair, reasonable, and in the best interests of the class. The settlement was therefore approved.

Justice Kane also concluded the fees and disbursements of Class Counsel, and the honorarium payment to Ray Toth, were reasonable and should be approved.

A copy of the decision rendered by the Honorable Madam Justice Kane on January 30, 2019 can be found here: Toth v. Her Majesty the Queen, 2019 FC 125
http://mdlo.ca/wp-content/uploads/2016/04/Toth-v.-Her-Majesty-the-Queen-2019-FC-125.pdf











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Post by Accer on Thu 31 Jan 2019, 5:05 pm

Interesting to read Objections to the settlement from the order;

Para [66] (b) through to Para [72] http://mdlo.ca/wp-content/uploads/2016/04/Toth-v.-Her-Majesty-the-Queen-2019-FC-125.pdf


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Post by Rockarm on Thu 31 Jan 2019, 5:13 pm

Accer wrote:Interesting to read Objections to the settlement from the order;

Para [66] (b) through to Para [72] http://mdlo.ca/wp-content/uploads/2016/04/Toth-v.-Her-Majesty-the-Queen-2019-FC-125.pdf




I also found it interesting reading how this order differs from the (Manuge SISIP Case).

Very thorough written order.
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Post by Trooper on Thu 31 Jan 2019, 6:27 pm

Payments should be the next order of business. (Tax Free Payments)
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Post by Pengo93 on Thu 31 Jan 2019, 7:29 pm

Trooper wrote:Payments should be the next order of business. (Tax Free Payments)

I vaguely remember something about no taxes on the payments. Is there a link on this?
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Post by Edgefore on Thu 31 Jan 2019, 7:57 pm

Pengo93 wrote:
Trooper wrote:Payments should be the next order of business. (Tax Free Payments)

I vaguely remember something about no taxes on the payments. Is there a link on this?

Taxation and Social Benefits Page -10- Para 50 of the order: http://mdlo.ca/wp-content/uploads/2016/04/Toth-v.-Her-Majesty-the-Queen-2019-FC-125.pdf
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Post by Slider on Fri 01 Feb 2019, 5:48 pm

Veterans to share $100M settlement from feds after Federal Court approval



Settlement Approved Image


Rachel Gilmore, CTVNews.ca Staff
Published Friday, February 1, 2019


OTTAWA -- The Federal Court has rubber stamped a $100-million settlement for veterans with disabilities years after they launched a class-action lawsuit against the government.

“The defendant will pay $100 million as the total settlement amount,” the Federal Court decided on Friday.

It’s the culmination of a lawsuit that was launched in 2014 after it became apparent the government was clawing back financial aid benefits for low-income veterans with disabilities. The veterans alleged that they were discriminated against when Ottawa deducted the financial assistance from those who also received disability pensions as a result of injuries sustained while in uniform.


“The settlement focuses on compensation for harm, including pain, suffering, humiliation, and loss of dignity, resulting from this discrimination,” the decision said.

Thousands of veterans are now green-lit to receive payments between $2,000 and $50,000. The amount depends on the degree of their disability and the time they served.

The settlement does not, however, compensate veterans based on the amount deducted from their financial aid. As a result, some veterans who had no deductions to their benefits might receive payments – and some who had deductions over several years will be undercompensated, according to the decision.

“The plaintiff and class counsel acknowledge that the settlement is not perfect for each class member but note that perfection is not the standard and that the settlement is fair and reasonable for the class as a whole,” the decision said.

Former Veterans Affairs minister Seamus O’Regan touted the settlement when it was announced in September.




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Post by Slider on Sat 02 Feb 2019, 12:19 pm

Slider wrote:
Veterans to share $100M settlement from feds after Federal Court approval



Settlement Approved Image


Rachel Gilmore, CTVNews.ca Staff
Published Friday, February 1, 2019


OTTAWA -- The Federal Court has rubber stamped a $100-million settlement for veterans with disabilities years after they launched a class-action lawsuit against the government.

“The defendant will pay $100 million as the total settlement amount,” the Federal Court decided on Friday.

It’s the culmination of a lawsuit that was launched in 2014 after it became apparent the government was clawing back financial aid benefits for low-income veterans with disabilities. The veterans alleged that they were discriminated against when Ottawa deducted the financial assistance from those who also received disability pensions as a result of injuries sustained while in uniform.


“The settlement focuses on compensation for harm, including pain, suffering, humiliation, and loss of dignity, resulting from this discrimination,” the decision said.

Thousands of veterans are now green-lit to receive payments between $2,000 and $50,000. The amount depends on the degree of their disability and the time they served.

The settlement does not, however, compensate veterans based on the amount deducted from their financial aid. As a result, some veterans who had no deductions to their benefits might receive payments – and some who had deductions over several years will be undercompensated, according to the decision.

“The plaintiff and class counsel acknowledge that the settlement is not perfect for each class member but note that perfection is not the standard and that the settlement is fair and reasonable for the class as a whole,” the decision said.

Former Veterans Affairs minister Seamus O’Regan touted the settlement when it was announced in September.







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Post by Forcell on Wed 06 Feb 2019, 9:23 am

Joint Statement on Toth Settlement

From: Veterans Affairs Canada


Statement

Ottawa, ON – The Honourable Jody Wilson-Raybould, Minister of Veterans Affairs and Associate Minister of National Defence and the Representative Plaintiff Ray Toth, and his counsel Gowling WLG (Canada) and Michel Drapeau Law Office, issued the following statement today regarding the settlement of a class action lawsuit brought against the Government of Canada:

“The Government of Canada and plaintiff Ray Toth have reached an agreement to settle the class proceeding Toth v. Her Majesty the Queen, ending a legal action that began over four years ago. We believe the settlement is fair and we are happy to have this matter resolved.

“Both parties made submissions to the Federal Court in December 2018 in support of approving the settlement, which the court approved on January 30, 2019. This $100 million settlement will mean a great deal to the class members who will be compensated for the offsets made by the Government of Canada.

“The Government of Canada continues to take action to strengthen the support available to Canadian Armed Forces members, Veterans and their families. In April 2019, the new Pension for Life plan will provide Veterans and their families with what they need to transition from the military to life after service by focusing on their long-term health and well-being.”

Contacts
Media Relations
Veterans Affairs Canada
613-992-7468
vac.media-medias.acc@vac-acc.gc.ca

Alex Wellstead
Press Secretary
Office of the Minister of Veterans Affairs
Alex.Wellstead@canada.ca





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Post by Jackson on Thu 07 Feb 2019, 9:17 pm

'A timely payment is crucial'

From CTV News Channel: Sgt. (Ret'd) Raymond Toth says he's happy with the settlement but a timely payment for older veterans is crucial.





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