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Class Action
by Stealth Fri 25 Jan 2019, 5:11 pm
Koskie Minsky Brings Class Action
against the Attorney General of Canada
for Miscalculating Veterans' Pensions
from 2002 to 2010
against the Attorney General of Canada
for Miscalculating Veterans' Pensions
from 2002 to 2010
NEWS PROVIDED BY
Koskie Minsky LLP
Jan 25, 2019, 15:45 ET
TORONTO, Jan. 25, 2019 /CNW/ - Koskie Minsky LLP in Toronto commenced a class action against the Attorney General of Canada on behalf of all veterans who were in receipt of disability pensions or disability awards between 2002 and 2010 from Veteran Affairs Canada.
The Statement of Claim, issued in Federal Court on January 25, 2019, alleges that the Attorney General of Canada, acting through Veteran Affairs Canada, miscalculated the disability pensions and disability awards of veterans between 2002 and 2010. As a result of this error, veterans have not received the full amount of benefits they are entitled to, or interest on those benefits.
The claim alleges that the Attorney General of Canada breached its fiduciary duties, contractual obligations, and was negligent in the administration of disability pensions and disability awards.
The lawsuit seeks $600 million in damages.
The representative plaintiff is Jean-Francois Pelletier. From 1986 to 2005, Mr. Pelletier served as a Canadian Armed Forces Member in the Royal Canadian Navy. In 2002, he was deployed to the Gulf Region serving in Operation Apollo, Canada's military contribution to the United States-led international campaign against terrorism. Mr. Pelletier was injured in the course of his duties. Since 2002, he has received a disability pension from Veteran Affairs Canada. Veteran Affairs Canada has not disclosed the calculation error to him, or paid the disability pension benefits it owes to him from 2002 to 2010.
"Veterans dedicated their lives to the service of this country and deserve to be paid the benefits owed to them", said Kirk M. Baert, the lawyer leading the case at Koskie Minsky LLP.
SOURCE Koskie Minsky LLP
For further information: Adam Tanel, Koskie Minsky LLP, atanel@kmlaw.ca or 416-595-2072
Related Links
http://www.koskieminsky.com
Stealth- Registered User
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Join date : 2018-11-30
Re: Class Action
by Trooper Fri 25 Jan 2019, 6:21 pm
Another lawsuit launched for the government calculation error, and alleged cover-up.
TORONTO — The federal government knowingly short-changed hundreds of thousands of disabled veterans and RCMP members about $165 million in benefits, a proposed class action filed in Federal Court on Friday asserts.
The unproven claim, which seeks $600 million in damages, accuses the government of negligence and breach of contract among other things. It also wants the court to order the government to pay the owed benefits with interest.
"Canada's calculation error has resulted in loss to vulnerable eligible members who rely on benefits to survive," the suit alleges. "Canada has known about the calculation error for years but it has not taken appropriate steps to rectify its conduct."
The lawsuit, which has yet to be certified as a class action, follows a calculation error the government admits making in 2002. As a result, as many as 270,000 veterans and others receiving a disability pension or benefits were shortchanged until 2010, when the mistake was discovered.
However, according to the statement of claim, Ottawa allegedly hid the error until this past November — disclosing it only after veterans ombudsman Guy Parent said his team had stumbled upon the problem while looking at another issue and flagged it to the government.
"In 2010, the defendant discovered the calculation error (but) failed to announce this error," the claim asserts. "The defendant chose not to disclose or rectify the error."
In a statement, Veterans Affairs Minister Jody Wilson-Raybould said she was committed to ensuring those affected would receive their rightful entitlement.
"When the ombudsman brought this to our attention in 2018, we did a detailed review and worked to secure up to $165 million for those retroactive payments," Wilson-Raybould said Friday. She said she could not comment further given the legal action.
As many as 120,000 people affected may have died without receiving any of the owed money. The government has said their estates would be entitled to the backpay.
In November, the government said it would only begin the repayments in 2020.
"Most individuals will receive a few hundred dollars, while the maximum amount to be paid would be a couple of thousand dollars," Seamus O'Regan, then the veterans minister, said at the time.
The proposed representative plaintiff is Jean-Francois Pelletier, of Dartmouth, N.S., who served with the navy from 1986 to 2005 and was deployed to the Gulf region in 2002, according to the court filing. Pelletier had injured his foot early in his career and he was ultimately given a monthly, indexed disability pension of about $2,000.
"To date, Mr. Pelletier has not received any of the money owed to him," his claim says. "He suffered financial harm as a result of the (error)."
Last week, a Calgary-based law firm filed a similar claim in Federal Court on behalf of another former soldier, CBC News reported.
Colin Perkel, The Canadian Press
Feds sued for short-changing disabled veterans and alleged cover-up
The Canadian Press
Published: Jan 25, 2019
The Canadian Press
Published: Jan 25, 2019
TORONTO — The federal government knowingly short-changed hundreds of thousands of disabled veterans and RCMP members about $165 million in benefits, a proposed class action filed in Federal Court on Friday asserts.
The unproven claim, which seeks $600 million in damages, accuses the government of negligence and breach of contract among other things. It also wants the court to order the government to pay the owed benefits with interest.
"Canada's calculation error has resulted in loss to vulnerable eligible members who rely on benefits to survive," the suit alleges. "Canada has known about the calculation error for years but it has not taken appropriate steps to rectify its conduct."
The lawsuit, which has yet to be certified as a class action, follows a calculation error the government admits making in 2002. As a result, as many as 270,000 veterans and others receiving a disability pension or benefits were shortchanged until 2010, when the mistake was discovered.
However, according to the statement of claim, Ottawa allegedly hid the error until this past November — disclosing it only after veterans ombudsman Guy Parent said his team had stumbled upon the problem while looking at another issue and flagged it to the government.
"In 2010, the defendant discovered the calculation error (but) failed to announce this error," the claim asserts. "The defendant chose not to disclose or rectify the error."
In a statement, Veterans Affairs Minister Jody Wilson-Raybould said she was committed to ensuring those affected would receive their rightful entitlement.
"When the ombudsman brought this to our attention in 2018, we did a detailed review and worked to secure up to $165 million for those retroactive payments," Wilson-Raybould said Friday. She said she could not comment further given the legal action.
As many as 120,000 people affected may have died without receiving any of the owed money. The government has said their estates would be entitled to the backpay.
In November, the government said it would only begin the repayments in 2020.
"Most individuals will receive a few hundred dollars, while the maximum amount to be paid would be a couple of thousand dollars," Seamus O'Regan, then the veterans minister, said at the time.
The proposed representative plaintiff is Jean-Francois Pelletier, of Dartmouth, N.S., who served with the navy from 1986 to 2005 and was deployed to the Gulf region in 2002, according to the court filing. Pelletier had injured his foot early in his career and he was ultimately given a monthly, indexed disability pension of about $2,000.
"To date, Mr. Pelletier has not received any of the money owed to him," his claim says. "He suffered financial harm as a result of the (error)."
Last week, a Calgary-based law firm filed a similar claim in Federal Court on behalf of another former soldier, CBC News reported.
Colin Perkel, The Canadian Press
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