Former Supplementary Retirement Benefit Class Action Lawsuit

by **Terminator** Tue 20 Oct 2020, 9:28 am

Lawsuit accuses Veterans Affairs of failing to tell eligible veterans about benefits

Veterans advocate Sean Bruyea says the department is keeping veterans in the dark

Murray Brewster · CBC News · Posted: Oct 20, 2020

Former Supplementary Retirement Benefit Class Action Lawsuit Poppy-drop-20161028

Centre Block on Parliament Hill is lit up in advance of Remembrance Day on October 28, 2016. A new class action lawsuit against Veterans Affairs accused the department of failing to inform ex-service members about available benefits. (Fred Chartrand/The Canadian Press)

A proposed new class action lawsuit has been filed against Veteran Affairs Canada accusing it of failing to inform former soldiers, sailors and aircrew about the federal benefits to which they are entitled.

A statement of claim was filed in Federal Court last month by veterans advocate Sean Bruyea. The claim is being spearheaded by lawyer Peter Driscoll, who successfully sued the Department of National Defence over military pension clawbacks and secured a $887 million settlement.

The new case focuses on the handling of the former Supplementary Retirement Benefit. Bruyea — who recently won a separate small claims court settlement in a defamation case against former veterans minister Seamus O'Regan — had been eligible for the benefit before it was terminated by the Liberal government as part of its reform of veterans benefits, which came into effect in April 2019.

According to the court filing, Bruyea could have received a lump sum payout — equal to 69 months of the Supplementary Retirement Benefit — "had he been properly advised by the Department of the eligibility requirements" of the program.

Former Supplementary Retirement Benefit Class Action Lawsuit Ptsd-sean-bruyea

Veterans advocate Sean Bruyea says the degree to which Veterans Affairs keeps ex-service members in the loop on benefits is "an important barometer of how veterans are being treated." (CBC)

Bruyea acknowledged the program was "small" but said it was important because it provided a small lump sum payment to qualified retiring veterans. He said he's almost certain he's not the only one who ended up being shortchanged.

The proposed lawsuit touches on one of the most common complaints of disabled veterans — that it can be almost impossible for them to determine which benefits they're entitled to when the rules have changed so often over the past 15 years.

Baffling benefits

There have been three major overhauls of the veterans benefits system since 2005 — changes that have brought with them some confusing eligibility criteria and programs that run for several years only to be replaced, changed into something else or cancelled outright.

In 2015, the Liberal government promised to fix the system — and asserted as a statement of principle that no veteran should have to fight the federal government in court for their benefits.

It also pledged to spend more money on programs and communicate clearly with former military members about their options.

While the department has poured over $10 billion into additional veterans' benefits and supports over the last five years, Bruyea said it's still failing veterans if they don't know what they're entitled to receive.

"It is an important barometer of how veterans are being treated and the obligation the government has towards its veterans," he said.

Bruyea said he learned when going through his files that the Supplementary Retirement Benefit should have been offered to him more than six years ago.

"There are probably more veterans like me that had not been given the option to sign up for this program," he added.

A spokesperson for Veterans Affairs Minister Lawrence MacAulay said he was aware of the case but was unable to comment on it directly.

"Our government is committed to supporting Canada's veterans and their families and ensuring they are aware of all the benefits they are entitled to," said John Embury, the minister's director of communications. "It would not be appropriate to comment on this specific case as it is currently before the court."

The proposed class action is the second legal case this year to test the extent of the federal government's obligation to keep veterans informed about programs.

Earlier this year, former master corporal Charles Scott sued the federal government after his case file allegedly fell between the cracks at Veterans Affairs not once, but twice.

Scott claimed he wasn't told he was at risk for developing post-traumatic stress disorder — even though the department noted it in his medical file — and was never given the option to seek treatment in 2008 when he left the military.

The second alleged lapse on his file took place in 2019, when Scott's case management file was lost temporarily and he missed his chance to lock in a supplementary career replacement benefit. That benefit was phased out with the introduction of the current Liberal government's revised veterans' benefit system.

The Liberal government last year introduced a veterans benefit navigator, an online tool meant to distil the federal government's array of benefit programs for veterans into an individually tailored readout that suggests options.

It took Veterans Affairs almost a decade to deliver the interactive tool. It was first recommended by the country's veterans ombudsman in 2010.

https://www.cbc.ca/news/politics/veterans-affairs-benefits-lawsuit-bruyea-1.5768433

by kodiak Tue 07 Jun 2022, 7:48 pm

Sean Bruyea Facebook Post June 06. 2022

Update DAY 1 of 3 Certification Hearing: Our legal team led by Angela Bespflug spent the entire day laying out our case as to why this case should be certified as a class action. We had no problem signing into the Court and having seating space thanks to the efforts of our legal team.
Before my brief summary, I want to sincerely thank Perry Gray and Jay Bruler for joining me today. The judge noted our attendance. Such mutual support is key to helping us shoulder the burden of such long and difficult efforts to improve the lives of Veterans and their families. Please come by for an afternoon or morning. We are in the Federal Court House at 90 Sparks Street Ottawa, Room 718. If you can't attend, please feel free to tune in online.
Day 2: Our team will present for half the morning and then the Government will present for the rest of the day.
Day 3: Government will continue for part of the morning and then both sides will respond to each other. This should make for some interesting clash of viewpoints.
Lots of legal detail and facts but Angela's presentation was solid and reflected both a big picture and detailed comprehensive understanding of VAC's programs as they relate to Supplementary Retirement Benefit. Just as impressive was the evidence provided by testimony by VAC senior managers reinforcing our case which includes amongst other elements, that VAC was negligent in failing to fulfill a duty of care to Veterans.
One of the many interesting items of evidence is VAC's acknowledgement of the failure to provide adequate resources and training to ensure Veterans were adequately informed about the extremely complex connection between the many VAC rehabilitation and financial plan aspects. Of course the Judge will have the final say.
Thank you everyone for your kind words and support and here are the links to tune in online and the background material if you haven't seen it. VIDEO LINK: The Zoom Link has apparently been made open so that anyone can see the proceedings. LINKS BELOW
The following information hopefully explains it all: Murphy Battista website on the class action.
https://www.murphybattista.com/.../supplemental.../
Here is a link to the CBC article on the class action.
https://www.cbc.ca/.../veterans-affairs-benefits-lawsuit...
VETERANS OMBUDSMAN REPORT on Supplementary Retirement Benefit: https://ombudsman-veterans.gc.ca/.../supplementary...).
How to see the court hearing online:
Topic: T-1106-20 SEAN BRUYEA v. HER MAJESTY THE QUEEN
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