Veterans Disability Pension Indexing Error Class Action

by **Masefield** Fri 08 Mar 2019, 7:49 am

Manuge v. Her Majesty The Queen: Federal Court: T-119-19

FREQUENTLY ASKED QUESTIONS (FAQs):

What is the claim about?

Murphy Battista LLP has filed a proposed class action against the Government of Canada concerning an error that was made in the calculation of Veterans Affairs Canada Disability Benefits payable for the period 2002 to 2010. The error was allegedly discovered by the Government in 2010, but not disclosed to veterans until 2017 as a result of a report by the Veterans Ombudsman. The Government of Canada has admitted there was an error and that $165 million dollars is owed to the affected veterans. The Government of Canada has advised they will pay out the money in 2020 without interest.

Who does it affect?

The claim is being made on behalf of all those in receipt of monthly Veterans Affairs Canada disability benefits pursuant to the Federal Pension Act or RCMP Superannuation Act. The class includes both veterans of the Canadian Forces and RCMP, and their surviving spouses, dependents and estates, as applicable. Initial reports indicate that approximately 275,000 disabled veterans have been affected.

How does a class action work?

A “class action” is a claim filed by an individual who proposes to represent all other similarly affected individuals (the “class”). The individual claimant asks the court to appoint them as the representative of the class in pursuing their claim and the members of the class benefit from the claim pursued by the representative plaintiff. In other words, if the representative plaintiff succeeds, the members of the class succeed. A representative plaintiff, and their lawyers, must be certified by the Court as the “representative plaintiff’ and “class counsel.” Once appointed the members of the class receive notice, as approved by the Court, of certification of the class claim.

Who is the proposed representative plaintiff?

The proposed representative plaintiff in this class action is Dennis Manuge. Dennis is a disabled former member of the Canadian Forces affected by this error. Dennis has acted as a representative plaintiff in previous litigation on behalf of disabled veterans against the Government of Canada regarding the offset of VAC Disability Benefits from SISIP Long Term Disability Benefits. This class action resulted in the payment of over $1Billion dollars in benefits to disabled former members of the Canadian Forces and RCMP. Details on this case may be found at www.leavenovetbehind.com.

Who are the lawyers?

Peter J. Driscoll and Bill Dick, Q.C. of Murphy Battista are representing Dennis Manuge and the proposed class. Peter was lead counsel in Manuge v. Her Majesty The Queen and Buote v. Her Majesty The Queen resulting in over $1Billion dollars in retroactive benefits to disabled former members of the Canadian Forces and RCMP. Bill is an experienced and respected trial lawyer who has obtained multi-million dollar awards on behalf of injured claimants.

Have other claims been filed?

Other law firms across Canada have filed similar claims. Generally speaking, in such circumstances law firms try to work together in advancing similar claims in the best interest of the class. Where conflicts arise, the Court has the power to control the process and determine which firm or firms have responsibility for pursuing the claims.

What can I do in the meantime?

If you are a member of the class you will ultimately receive notice of the court process and result of the litigation should it be successful. However, if you believe you or a member of your family (even if deceased) received VAC Disability Benefits between 2002 and 2010 it is useful for Murphy Battista to hear from you in the meantime.

You can contact us by submitting the information requested in the Form Tab at the top of this page. The Form requests the following information and will be forwarded to Peter J. Driscoll and Bill Dick, Q.C., the contact lawyers for the proposed class action.

Your full legal name (include any aliases):

Your telephone number(s) (indicating preferred contact number):

Who you are submitting the information on behalf of (whether on your own behalf or on behalf of a family member):

Your contact email:

The applicable service number of the veteran (optional):

How do I contact Murphy Battista?

For information about this class action or to submit your information please contact:

Peter J. Driscoll
Cell: (250) 681-3353
Kelowna Office phone: (250) 979-7230
Email: driscoll@murphybattista.com

Or

Bill Dick, Q.C.
Kelowna Office phone: (250) 979-7230
Email: bill@murphybattista.com

https://www.murphybattista.com/practice-areas/class-action-lawsuits/veterans-disability-pension-indexing-error-class-action/?fbclid=IwAR017mZENhkpKEJKZP7DqRqDo0k2E5Z5ygDIGEtsDUbdjD9QBoNZGAY0ozY

by **Powergunner** Thu 21 Mar 2019, 2:51 pm

Peter J. Driscoll
MB | KELOWNA

Veterans Disability Pension Indexing Error Class Action Lawyer-bio_PeterDriscoll-400x400

Biography

I joined Murphy Battista in January 2019 as Associate Counsel where I will be continuing my work as a class action litigator. In this regard, I am again acting on behalf of Dennis Manuge in a proposed class action against the Government of Canada with respect to the recently disclosed $165 million error in the calculation of disability benefits payable to former members of the Canadian Forces and RCMP.

My legal practice focuses on pension and benefits and large scale class actions. In this capacity I previously acted as lead counsel in Manuge v. Her Majesty The Queen; and Buote/White v. Her Majesty The Queen resulting in a $1 Billion benefits payout for disabled veterans of the Canadian Armed Forces and RCMP. I continue to represent individual members of pension and disability plans regarding their rights and entitlements to benefits.

I am also Chair of the Veterans Legal Assistance Foundation established as result of a $1 Million dollar donation from McInnes Cooper and Branch MacMaster. The VLAF provides legal funding to veterans with respect to their benefit entitlements arising from service.

https://www.murphybattista.com/injury-lawyers/peter-j-driscoll/

by **Hammercore** Mon 06 May 2019, 1:12 pm

Toth and Brousse v. Her Majesty the Queen Class Action

A class action is a court case in which one or more persons, called the representative plaintiff(s), make a request to the court on behalf of all persons who share the same problem or complaint. Persons sharing the same problem are called class members. Once a class action is authorized, or certified by the court, the representative plaintiffs become actively involved in the case on a day-to-day basis. Other class members are not required to do anything but can get information on the progress of the case. A class action ends in settlement or after a trial. Any settlement must be approved by the court. If the the case is resolved favourably to the class, class members may obtain a right to compensation. The amount of the compensation will be determined by the settlement, as approved by the court, or after a trial.

MIchel Drapeau Law Office (MDLO) was previously involved in a class proceeding brought by Raymond Toth on behalf of about 15,000 veterans who were denied certain disability pension benefits. The proceeding was successfully resolved in a settlement approved by the Federal Government of Canada (see menu item above, marked TOTH V. HMQ).

Michel W. Drapeau and Joshua M. Juneau are working in collaboration with Gowling WLG and other Canadian law firms, on a proposed class action (Toth and Brousse v. HMQ) concerning an accounting error in the calculation of disability awards and pensions by Veterans Affairs Canada (VAC). The error went undetected for many years and ended up shortchanging about 250,000 veterans, including sailors, soldiers and aviators, as well as members of the RCMP. A Statement of Claim was jointly filed by Gowling WLG and Michel Drapeau Law Office on behalf of the proposed representative plaintiffs.

We will be adding further information about the proposed class action to the website as it becomes available. For further information, you can read the article Veterans Affairs Accounting Error Class Action Lawsuit. https://www.cbc.ca/news/politics/veterans-affairs-accounting-error-class-action-lawsuit-1.5026853

In the meantime, you may wish to register as a potential class member. Registration will allow us to provide you regular updates on the progress of the case.

Click on the link below to register;

Register

by **Hammercore** Mon 06 May 2019, 9:12 pm

Registration – New class action for veterans

Michel Drapeau Law Office

May 4, 2019

Michel Drapeau Law Office is currently working on a proposed class action concerning an accounting error in the calculation of disability awards and pensions .

The error ran undetected for eight years and resulted in shortchanging approx. retired sailors, soldiers and aviators. For more information about the proposed class action see the MDLO website.

Those who wish to register as potential class member of Toth and Brousse v. Her Majesty the Queen, to receive regular updates on the progress of the class action can do so by visiting Register

Michel Drapeau Law Office

by **Trooper** Fri 22 Nov 2019, 6:43 pm

Veterans Disability Pension Indexing Error Class Action Cropped-mdlo_logo1

Just a reminder of those receiving a Corrective Payment from the accounting error of Veterans Affairs. Registration of the class action of ("Toth and Brousse v. Her Majesty the Queen Class Action") can be submitted here: Register

by **Hammercore** Wed 23 Dec 2020, 4:33 pm

Canada's Banished Veterans Facebook Posted Dec 23. 2020

Dennis Manuge shared a post.

Veterans and RCMP Members/Former Members

We are a certified (in Federal Court) Class Action
Round Two - Ding Ding!!!

Congrats to my fellow Rep Plaintiffs - this one should be a negotiated settlement fairly quickly
Merry Christmas

Beverley Anne
I thought they paid this to anyone who was owed, im confused

Dennis Manuge
this is for damages and interest because they knew about the error and tried to burry it

Canada's Banished Veterans Facebook https://www.facebook.com/groups/1451658385158523/

by **Wolfman** Tue 19 Jan 2021, 8:34 am

Federal government looking to settle lawsuit over
$165 million error in veterans benefits

Murray Brewster · CBC News · Posted: Jan 19, 2021

Veterans Disability Pension Indexing Error Class Action Remembrance-day-20191111

https://www.cbc.ca/news/politics/veterans-class-action-1.5877892?__vfz=medium%3Dsharebar&fbclid=IwAR0EkrI2cI12Kfj3XdU5Aglbm0zUGr7NLa1vnOpGR2eYhDaMFdtmq3VSsso

by **Zoneforce** Thu 25 Feb 2021, 3:19 pm

Miscalculation of Disability Pensions Class Action

Class Action

by **Wolfman** Sat 31 Jul 2021, 10:46 am

Federal Court Certifies Class Action
Alleging that Veterans Affairs Canada
Underpaid Disability Benefits

NEWS PROVIDED BY
Daniel Wallace, McInnis Cooper LLP
Jul 30, 2021

TORONTO, July 30, 2021 /CNW/ - The Federal Court has certified a class action alleging that Veterans Affairs Canada miscalculated benefit adjustment rates, resulting in underpayments to class members.

In 2018, Veterans Affairs Canada issued a statement in response to a discrepancy in the calculation of disability pension adjustment rates. Corrective payments began in September 2019 and continue to be issued. However, the class action alleges that further amounts are owing to class members, including those flowing from other alleged miscalculations.

Class members include members and former members of the Canadian Armed Forces and Royal Canadian Mounted Police and their spouses, common-law partners, dependants, survivors, orphans, or estates of all such persons who received, at any time between 2002 and the present, disability pensions, disability awards and certain other benefits administered by Veterans Affairs Canada. It is estimated that there are upwards of 270,000 class members.

The lawyers for the class are: Gowling WLG (Canada) LLP (Toronto); Michel Drapeau Law Office (Ottawa); Murphy Battista LLP (Kelowna and Vancouver); Koskie Minsky LLP (Toronto); McInnes Cooper (Halifax). For more information about this class action, including a list of the specific benefits at issue, please see www.vetspensionerror.ca

SOURCE Daniel Wallace, McInnis Cooper LLP

For further information: about this class action, including a list of the specific benefits at issue, please see www.vetspensionerror.ca

by **Warrior** Wed 04 Aug 2021, 3:40 pm

Miscalculation of Disability Pensions Class Action

You can view all court documents in relation to this matter here: Court Documents

by **Masefield** Wed 10 Aug 2022, 12:42 pm

Alert:

The plaintiffs’ summary trial motion will be heard January 9-12, 2023 in Ottawa.

Update

by Monsfool Wed 08 Mar 2023, 6:18 am

Status Update – February 28, 2023

FEBRUARY 28, 2023

The parties are currently engaged in confidential without prejudice discussions that may lead to a general settlement of the class proceeding. Please register on this site and watch for further updates.

Miscalculation of Disability Pensions Class Action

by **Vizzer** Thu 03 Aug 2023, 5:26 pm

Status Update – August 2, 2023

AUGUST 2, 2023

The parties are currently engaged in confidential without prejudice discussions that may lead to a general settlement of the class proceeding. You are not required to opt-in to the action in order to be a class member. However, if you would like to be added to the database in order to receive status updates about the action and its possible settlement, please register.

Updates

by Mountaineer Mon 23 Oct 2023, 4:41 pm

Notice of Settlement Approval Hearing issued October 17, 2023

The Government of Canada has agreed to settle a certified class action involving the underpayment of certain disability pension benefits administered by Veterans Affairs Canada (VAC) and payable to certain members and former members of the Canadian Armed Forces and the Royal Canadian Mounted Police and their survivors.

SCHEDULE A – Short Form Notice

Court Documents

by **GeminiTeam** Wed 08 Nov 2023, 6:38 pm

Final Settlement Agreement, Novermber 8, 2023

(Court Documents) Final Settlement Agreement

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