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ELB Class Action Law Suit

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Post by Brasidas Fri 05 Jul 2013, 11:56

That sounds about right, BigRex. Sorry to upset people with a 1/2 empty attitude, but pessimism works better for me. That way if something does work out it feels 10 times better. If nothing happens I was already for it any way. I just hope not too many guys are counting on the money anytime soon.

Brasidas
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Post by bigrex Fri 05 Jul 2013, 09:47

frustrated cook, PD has said that MC is investigating the merits of a class action, if the ELB retro is not repaid. Since the GoC willingly ceased the clawback, they have no choice but to pay retro on ELB, or they will have knowingly created a case of discrimination, against those Veterans who were on ELB prior to Oct 2012. Since they all fall under the same piece of Legislation, the NVC, they all have to be treated equally, and failure to do so would open themselves up to future litigation under human rights legislation, at the very least.
bigrex
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Post by Guest Fri 05 Jul 2013, 06:02

wow, as long are there is people like you, the battle is far from being won. There answer are based on the actual laws and there are some very good people working for us so we can get justice. As for the lawyer part, there is no pursuit for ELB, article 22 still stands and as long as the feds won't reverse it, nothing will happen. If you keep going to the link I gave you, the minute that section 22a disappear altougter we will know that we won the fight.

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Post by Brasidas Thu 04 Jul 2013, 14:20

I would still wait out on that response. Neither the Ombudsman, or the people working at VAC are lawyers and their take on law is as binding as yours or mine would be. They can say whatever they would like it's still just their word and basically a, "I heard it through the grape vine response." By that logic if someone commited an adulterous act pre - 1985they could still go to jail for the crime today if evidence was found as it was only repealed in 1985.
"172. (1) Every one who, in the home of a child, participates in
adultery or sexual immorality or indulges in habitual drunkenness or
any other form of vice, and thereby endangers the morals of the child
or renders the home an unfit place for the child to be in, is guilty
of an indictable offence and liable to imprisonment for a term not
exceeding two years.

(2) [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 6]"

This is just another case of people in positions of authority, power, and secure jobs talking out of their a**. These people didn't get the job based on skills, ability, or intelligence. Rather; these people got the job through friends, family, or personal charm. It's why things take years to ever get done in this country.

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Post by Guest Thu 04 Jul 2013, 09:34

new version
Version of section 22 from 2012-10-01 to 2013-06-10:
old version
Version of section 22 from 2006-03-23 to 2012-09-30:
it simply means that the new version came in effect on the
1st of october 2012, and the old version is still valid for the period extending from the 23rd of march 2006 to the 30th of september 2012 and that as long at the old version is not removed they do not have to refund the money kept from us during that period.
P.S. what I am saying her is not rumours, you can call the Oman or VAC anytime and they will confirm it.

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Post by Brasidas Thu 04 Jul 2013, 08:54

How come the latest version say repealed in reference to (a) meaning it has been changed.
http://laws-lois.justice.gc.ca/eng/regulations/SOR-2006-50/section-22-20121001.html#wb-cont

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Post by Guest Thu 04 Jul 2013, 08:48

yes, they are saying that they were generous in matching the court ruling and stopping the deductions. as for the period bfore last october, their answer is that nothing illegal was ever done as article 22 was protecting them. As long as they don't cancel the law for the period they don't have to pay. Fron rliable sources I have been told they are trying to correct the situation but there are three different class of Vets that need to be adressed with a very high bill in the balance. P.S. would you like the phone# to contact them (very hard to find)

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Post by Brasidas Thu 04 Jul 2013, 08:00

Have they ever given you a reason as to why they stopped deducting if it is still okay to do so? As much of a pessimist as I am it still looks like their actions have been in contravention to the judges ruling in the SISIP case. Therefore, any law, or written paperwork for that matter that is in contravention to that ruling is of no force or effect. We all know they wouldn't stop deducting unless the same rules apply here.
Still it's probably best to consider the money a blessing if we ever do see it; instead of counting on getting it.

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Post by Guest Thu 04 Jul 2013, 06:49

[b]22. The following sources are prescribed for the purpose of the amount of variable B in subsection 19(1) of the Act:

(a) disability pension benefits payable under the Pension


this section states that the benefits are deductibles , just call VAC conflicts resolution they will tell you that the medical pension is part of those benefits and that as long as this section is not revoked they don't owe us a penny...

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Post by Brasidas Wed 03 Jul 2013, 21:43

Frustrated cook, which part of the link states the offical answer? I don't see any thing there that states they don't need to pay ELB back.

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Post by Guest Tue 02 Jul 2013, 18:43

to Jack22
I keep looking at the Oman blog and still can't see where you got that info, please when you say something like that, do provide the link to that page so we all can see the original...as for the gov answer to the refund for ELB's victims go to this link to check the official answer as long as the part of the law is not removed, it makes it very legal for VAC to keep skrewing us as for the ombudsman His Big Boss appointed him the feds pays him not us... so don't keep your hopes too high...
http://laws-lois.justice.gc.ca/eng/regulations/SOR-2006-50/section-22-20060323.html#wb-cont

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Post by Guest Mon 01 Jul 2013, 23:05

To all of my brothers and sisters waiting to get money from a large mouth theif, i am in al respect half past drunk and happy to be this way, cause that is the only way i found to be happy with the Harpers gouvernement.
I've got 11 different pensions to thank for my several years of service, and all i wanted is for the GOC is to be fair with me and give me what i deserve for screwing my life in exchange for their word.
From what i hear the word is NO or at best maybe.
Millions and billions of dollars for movings our asses from one place to another to serve them is OK, but when it comes to payback stolen money from us vets the word is NO.
I may not size all gouv. spending and how it works, but one thing that i am sure of is: dont piss me off and wait for the result using all of your supposed power. cause you will soon find out that i can use all of your powers against you, and remember what i did it before, i am the one in 5000 that faught and won the battle agains...
Just be fair and quick, give me what you stole from me/us and i wont break you, you are weak now, this maybe used to your advantage or try to fight me and loose big. Mirrors dont lie.

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Post by Brasidas Wed 26 Jun 2013, 17:11

I'm sure it went as expected with Meteck. Don't worry things are under control.

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Post by loggie Tue 25 Jun 2013, 15:40

Meteck, how did your meeting go yesterday with....

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Post by pteadams2002 Tue 25 Jun 2013, 15:30

Merci Jack22
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