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ELB Class Action Law Suit

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ELB CLASS ACTION LAW SUIT

Post by Ex Member on Mon 29 Apr 2013, 14:04

frustrated unfortunatly not everyone is but there is a lot.probably a lot more than we will ever know.just here people like teen robbie rags bigrex sparrow recon and navrat not to mention all dennis has done just to name a verry few are trying to help vets with different issues in many ways.have faith brother i do think this will get done.

allways question athority

propat

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Re: ELB Class Action Law Suit

Post by Guest on Mon 29 Apr 2013, 13:55

k-9 even though im am just under the 5 year mark im sure it will stil help but for the ones 20 years plus with big monthys due thoes are the ones moast effected by this clawback and it makes me so frackin angry that well you already know how i feel about this.anyway you have my appriciation trust faith and any assistance i can provide.i will continue to wright.

thanks again

allways question athority

propat

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Re: ELB Class Action Law Suit

Post by Guest on Mon 29 Apr 2013, 13:32

propat and k9, i wish everyone was like you fighting for the rights of everyone instead of only their one good. I have been fighting since 2006 to have them respect our disability pensions and I did manage to get some answers. The only way to get things going faster would be that more people would call the ombudsman and their MP's to complain. I have been and still am fighting article 22, that's the one hurting us right now. I know what waiting a long timem one of my uncle was in Hong Kong and spend the war in a prison camp in Japan and waited all is life to be compenasted...

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Re: ELB Class Action Law Suit

Post by K9 on Mon 29 Apr 2013, 13:17

Propat, Thank you for your trust,
I am waiting for the paperwork and cheque to be able to write everything up for the Minister to respond to the request, only then (if negative), this paperwork will serve to bring forward a Judicial review at the Fed Court. Everything as to be done in a way that it all follows the Rules of the Fed Court, so it as to be done intelligently, for my part, I will do so in French.
If it goes all the way, it means that it will be a challenge of the Revenue Laws to declare the article concerning the way that CRA does penalize some who are more then 5 years clawed back. The interest charged as penalty on money owed to us that were taken illegally. All this as to be done in steps, so it will take a little time.
The result is good for everyone, a change of the article in questions profits everyone. But all should write letters to the Minister asking a special treatment in regards of the case. Even if the result may be negative.
Cheers.
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Re: ELB Class Action Law Suit

Post by Guest on Mon 29 Apr 2013, 12:14

frustrated i myself understand why some after 20 plus years of waiting get a little upset they have to wait even longer and im sure if you really think about it you will to.i also understand how someone frustrated over the ELB retro issue can make statements like (I guess we're not like the US Marines we do leave our buddies behind) its perfectly understadable.id just like you to know that some here even ones that have no dog in that fight are trying to help.some points to think about;

1.some are wrighting letters and ore emails to peeps who may have an impact on this ELB retro issue.maybe to no avail but they are trying.

2.if it were not for this lawsuit you would still being clawed back today.

3.by law we cannot force a law firm to take a case they do not want to take.

4.one here (K-9) and im sure more if he asks (although after speaking with him im sure he is the best guy to do this) will launch a judicial review over the deemed tax issue witch may help you as well.

5.some are wrighting letters and ore emails to peeps who may have an impact on the deemed tax issue.maybe to no avail but they are trying.

6.betterdayz is helping to get the opposition to pressure the GOC on the ELB issue.

7.we are not the enemy but me for one and im sure many more dont mind being a sounding board.

we do wish you the best of luck on this issue and im sure if you can think of anything we can do to help that we are not already doing there are some here that would be only to happy to do so.

again i do understand your frustration.

allways question athority.

propat

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Re: ELB Class Action Law Suit

Post by Guest on Mon 29 Apr 2013, 08:58

ok rags, here it goes;
when VAC started the rehab program back in 2006 to help veterans that wanted to try to go back to work even if only part-time, they gave you a money supplement called the Earning Loss benefits that just like SISIP let you gain 70% of what you were making before your release, the problem was that they decided to include your disability pension as a revenue and to be sure that you couldn't complain about it, they added an article (article 22) to the law that made it legal to take our money. Last october, when they learned that it was illegal to consider a disability pension (an award not a revenue according to the CRA) they repelled it to stop taking money out. The problem is the law was only repelled from october 2012 to now. They did not amend the law to reflect that it was illegal to do it from 2006 to 2011, so in order for us to get backpay they would have to change that law to make retroactive to 2006. When a new law is promulgated it goes forward in time not backward. Until they fix that law it's no money for us. So it needs more that a memo to change things, if you call VAC they will tell you that it is more complicated than it sounds like as there is 3 more groups of vets concerned not just us.
As for the fight there is more than the lawyer aspect to consider to win, I for myself went the human rights way (remember SHARP trg?). I was never trying to diminish anyone here, just remember that although our comrades did a wonderful thing with their lawsuit, the fight is not over yet, there is still a lot of people left behind. All I was saying is that I am very happy that some of us won the respect they deserve and get heir money back, but they should all be concerned about the ELB factor as one of these days you will have to go to VAC for help, care or whatever and if we don't stand united to get them to respect us, they will keep playing with us and rob us of what we are entitled to. As a closing I am sorry if I have offensed anyone here but we should all try to consider other vets and their opinion. We the ones fighting for ELB refunds are fighting for all the vets so VAC will maybe finally compreehnd that their jobs is more than just administer programs but to really help us.
Frustated cook (only when faced with people trying to screw all us)

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Re: ELB Class Action Law Suit

Post by Rags on Mon 29 Apr 2013, 07:22

Frustatedcook, Said

"wow, when I read about fellow vets compalining they might have to wait up to six months to get heir money, some of us on ELB have been fighting for a longtime (I started in fall 2006) we still have to get a law firm that wants to represent us, get the gov. to acknowledge that VAC was robbing us and try to get our money back. So when you feel depress just think about your companions that were left behind to fend for themselves (I guess we're not like the US Marines we do leave our buddies behind)"

I am confused by the argument. Could you explain to me in simple terms the ELB that VAC issues and the VAC payout and how that is improper? Im not baiting you I dont understand and since I argued with MND MVA and PM on the issues back in 03 - 04 and 08-11 when I could meet them in person and chat about vet issues.

Bigrex and teen have been nothing but honest and passionate on this site and in court. I have allot of respect for them so try to understand there view point it is an open and honest one. We are all wrong or misunderstood some times but its the heart that matters as long as you try to do the right thing thats what counts. So re read what they say and try to explain the key legal details of the ELB....why do they issue it? and how they are clawing it back or what as im confused.

Thanks cook

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Re: ELB Class Action Law Suit

Post by Guest on Mon 29 Apr 2013, 00:25

Now i get it, millions of dollars, corruption, lies, and so on...
Understand the system, money rules their agenda, power is their goal; Brothers and sisters we have spies among us.
My goal was simple, let them show their face, simple rule of engagement; show a bait and see who will take it.
Now that we have a fish on hook, what will we do whith it, trow it back into the pond or eat it.
We are hungry, let's eat it; get all info on prejudice, precedent and use all we can get from them. kill the injustice, let us join together and fight where we can. People faught and won, let us use the same stategy to fight and win all together.

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Re: ELB Class Action Law Suit

Post by bigrex on Sun 28 Apr 2013, 11:49

Honestly, I believe that everyone who were released medically but for some reason never received SISIP should contact the lawyers and see if they are able to have their case heard by the third party adjudicator. The worst thing they can say is no. But if they do allow it, and you are all approved benefits for the 2 years, that is more money for the Lawyers, so it's in their interest to let you have the chance. Who knows, if enough people call them, they may suggest a new class action is warranted, or even judicial review. A judicial review is designed to look at a specific administrative decision, and in these cases, the decision by SISIP as to whether to allow benefits to start, at any time other than immediately following the release or not, even if the release is proven to have been for medical reasons years later, is at question.
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ELB Class Action Law Suit

Post by meteck on Sun 28 Apr 2013, 11:41

we dont need a law firm.youre not reading the facts here i suggest reading from the top.. the memo to cabinet could well be drafted already and we wouldnt know.my suggestion is be paitient for say 30 days and ill bet this process will have been started by then.perhaps a walk a day to freshen your spirits would help..i have every indication that those of us on a med pension monthly will be retro d when the time comes.it makes perfect sense. hang in there

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