LTD Class Action Lawsuit

by Charlie Fri 10 Aug 2018, 7:08 am

Veteran launches proposed class action lawsuit over disability benefit formula

Elizabeth McMillan · CBC News · Posted: Aug 10, 2018

LTD Class Action Lawsuit Defence-policy-20170607

Former warrant officer Simon Logan says he receives $2,898 a month less than he's owed

A former member of the Canadian Forces is suing the federal government, alleging the formula used to calculate long-term disability payments only takes into account a portion of what he was earning when he was medically discharged.

A lawyer for Simon Logan filed the notice of motion for the proposed class action lawsuit in Federal Court in Halifax on July 26.

Logan, who lives in Ontario, served in the army from 1998 until his release in February 2016. His lawsuit says he suffers from a "number of medical conditions" as a result of his military service and he receives a monthly payment for a disability benefit through the insurance plan of the Canadian Forces.

The court documents offer no details of his injuries, and his lawyer wouldn't elaborate Thursday, saying Logan didn't want to disclose them publicly.

Logan's statement of claim argues that payment should be calculated based on 75 per cent of his total monthly pay at the time of his release.

It is now calculated based on 75 per cent of his warrant officer salary, which was $6,801 when he left the military. But that doesn't account for the other compensation he received on a monthly basis — including a $3,730 allowance.

The court records don't detail why he received the allowance, but such payments are made to military personnel who serve in particularly demanding circumstances, for instance on submarines or in remote areas.

The lawsuit states omitting that allowance resulted in Logan receiving $2,898 less a month in disability benefits. He is asking for arrears payments, damages for mental distress as a result of the payment discrepancy, general damages and costs.

"We would say pay would include your salary and allowances," said lawyer Daniel Wallace, who is representing Logan. "I've always understood pay in what you're paid, and that's not what the government is doing for Simon or anyone else."

Federal government hasn't yet responded

The allegations haven't been proven in court and the federal government has yet to file a statement of defence.

The proposed class action applies to any former members of the military who receive long-term disability benefits and or dismemberment benefits. It names as defendants the Crown, the minister of national defence, the chief of defence staff and the Treasury Board.

Wallace said it isn't yet clear how many veterans might be affected if the class action goes ahead.

He previously was co-counsel in a 2013 $887 million settlement of a class-action lawsuit affecting about 7,500 disabled veterans. The case involved a three-decade-long federal government practice of clawing back the military pensions of injured soldiers by the amount of disability payments they received.

https://www.cbc.ca/news/canada/nova-scotia/proposed-class-action-lawsuit-veteran-simon-logan-1.4779479

by **Terminator** Tue 11 Feb 2020, 8:27 pm

Judge reserves decision in dispute over disability
benefit formula of veterans

Lawyers for lead plaintiff Simon Logan and the federal government made arguments in Federal Court Tuesday

Shaina Luck · CBC News · Posted: Feb 11, 2020

Daniel Wallace, a partner with the Halifax law firm McInnes Cooper, represented lead plaintiff Simon Logan in the class-action lawsuit.

https://www.cbc.ca/news/canada/nova-scotia/simon-logan-lead-plaintiff-class-action-lawsuit-disability-benefit-formula-veterans-1.5459991

by **Spider** Thu 26 Mar 2020, 8:05 am

Judge rules against Ottawa in class action over
military disability payments

Richard Cuthbertson · CBC News · Posted: Mar 25, 2020

https://www.cbc.ca/news/canada/nova-scotia/judge-rules-against-ottawa-in-class-action-over-disability-payments-1.5509815?__vfz=medium%3Dsharebar

by Cooper Wed 30 Dec 2020, 9:16 pm

UPDATE: December 4, 2020

Simon Logan v. Her Majesty The Queen

Federal Court of Canada Number T-1358-18

The parties are proceeding with settlement discussions in the hope of resolving the remaining issues in early 2021. In addition, the parties have a case management conference scheduled with the Court on January 29, 2021.

This update is information only; there is no action required by Class Members. Further, we are currently unable to calculate individual awards, nor are we able to estimate a timeline on any payments.

Simon Logan v. Her Majesty The Queen

by **Vizzer** Wed 13 Sep 2023, 7:16 am

Settlement finalized in $283M disabled veterans class action, but benefits policy changed

Injured veterans who served in certain conditions will receive higher benefits

Richard Cuthbertson · CBC News · Posted: Sep 13, 2023

LTD Class Action Lawsuit Scoc-military-justice-20190725

CBC News

by **RunningLight** Sat 14 Oct 2023, 8:17 pm

For some special forces veterans, Ottawa's disability settlement means little

Federal government will pay monthly disability top-ups to thousands of injured veterans, but some left out

Richard Cuthbertson · CBC News · Posted: Oct 14, 2023

LTD Class Action Lawsuit Cansofcom-ottawa-change-of-command-april-25-2018

Three years after Master Cpl. Bryan Gagne was shot in northern Iraq while trying to help save a fellow Canadian special forces soldier, he found himself shuffled to a military transition unit, a medal of bravery on his record, but a mind and body badly damaged.

Little did he know at the time, but that move between units leading back to civilian life would have significant future financial repercussions, denying him a sizable payout from a recently settled $283-million class-action lawsuit involving military disability benefits.

"If I had the wherewithal at the time to say, 'Hey, guys, I think this is going to mess me up in the future, we should take a look at my release status,' I would have," Gagne said.

Earlier this year, the federal government agreed to pay additional benefits to more than 8,000 injured former Canadian Forces members, along with retroactive payments.

A 2020 ruling out of Federal Court in Halifax found the military should have taken into account top-up allowances paid for certain difficult work, such as serving on submarines or in special operations, or for being posted to expensive areas, when calculating disability benefits at 75 per cent of monthly pay.

For many injured veterans who served in particularly arduous conditions, the settlement is likely worth hundreds or even a couple of thousand dollars a month in additional benefits. For at least a handful of others, like Gagne, it isn't worth a penny.

The settlement only applies to those who were receiving monthly allowances when they were medically released. But a number of injured former special forces soldiers who spoke or corresponded with CBC News said they don't qualify because their allowances were pulled when they were moved through a transition unit before their discharge.

The Joint Personnel Service Unit aimed to care and support ill and injured military members, helping them to either return to work or move on to life as a civilian.

It's not clear how many former special forces soldiers don't qualify for the settlement due to being medically discharged through the unit. Daniel Wallace, the Halifax lawyer who led the class action, said his firm has heard from several, but does not keep count.

The Department of National Defence said in a statement Friday that the class-action settlement agreement does not allow the government to amend who qualifies for the extra benefits or make exceptions.

'It would help out in many ways'

Matthew Smith, who said he served in the Canadian Special Operations Regiment from 2006-2017, including four tours of Afghanistan, said he agreed to go to the transition unit as he grappled with mental health issues. He was later medically released from the military.

The 42-year-old father of three children said his work with special forces took him away from his family for long periods. He's not the same person, physically or mentally, that he was before going to war, but he's trying to make back the time he lost with his children.

Some extra disability money would help, he said.

"Ask anyone how much would an extra thousand dollars help out a month. It would go a long way," Smith said.

Gagne, who lives in Sault Ste. Marie, Ont., earned a $1,926-a-month allowance on top of his regular military salary while serving with the Canadian Special Operations Regiment, including four tours of Afghanistan. His total annual pay, including allowances, was about $86,000 a year.

In 2015, he was part of a team helping Kurdish forces fight ISIS in northern Iraq when Sgt. Andrew Joseph Doiron was killed by friendly fire while their unit was returning to an observation post in darkness.

Gagne drew attention to himself to convince the Kurdish soldiers of their identities, while another soldier exposed himself to fire as he tried to help Doiron. Both Gagne and the other soldier earned medals of bravery.

By 2018, Gagne was in the transition unit, suffering from post-traumatic stress disorder and a number of physical injuries. He said he spent seven months there, losing his allowance along the way.

Years later, he realizes the implications of that, and believes he and others like him are entitled to the higher disability benefits.

"We earned that money," he said.

CBC News

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