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ELB Class Action Law Suit Settlement Reached

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Post by Riddick on Tue 16 Apr 2019, 21:07

There are going to be more than those who were collecting or collected the ELB.

Essentially there are veterans who were eligible but did not qualify/collect:

                            "This class action addresses the claims of veterans who were in receipt of various benefits, including Disability Pension benefits and the Disability Pension amounts deducted from the other benefits which they received or were entitled to receive."
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Post by Justagrrl on Tue 16 Apr 2019, 13:43

bigrex wrote:No, it's only Veterans who had their ELB benefits reduced, by illegally deducting their Pension Act pensions, between April 2006, and May 30th of 2012, when the clawback was ended.

Ok thank you. Congrats to those of you who are eligible. Don't spend it all in one place. Cool

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Post by bigrex on Tue 16 Apr 2019, 13:41

No, it's only Veterans who had their ELB benefits reduced, by illegally deducting their Pension Act pensions, between April 2006, and May 30th of 2012, when the clawback was ended.
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Post by Justagrrl on Tue 16 Apr 2019, 13:32

Question (I know this is going to sound stupid)

Does everyone qualify under this Class Action? Or is it only for people who were on ELB? I am asking because I have been out since 1999 and the first time I was ever told of the ELB was October last year.

Thanks in advance...

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Post by bigrex on Tue 16 Apr 2019, 13:01

Yes, the lawsuit settlement should be based on the 100% pension, IF the entire 100% is paid as a disability pension, under the Pension Act, and not in part a disability award award, under the NVC.

Translated as
Oui, le règlement de la poursuite devrait être basé sur la pension de 100%, SI 100% est versé en tant que pension d'invalidité en vertu de la Loi sur les pensions, et non en partie en tant qu'indemnité d'invalidité, en vertu de la NCAC.
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Post by Peace on Tue 16 Apr 2019, 11:28

Bonjour Bigrex,
Pour bien comprendre,
Pension de 25% de 2006 à 2012.
Aujourd'hui pension de 25% + 75% ( indemnité d'invalidité) reçu l'année passée = 100% en tout.
Alors si je comprends bien le montant versé sera évalué par rapport au 100% et non par rapport au 25%.
Merci de me confirmer.
( Excuse me, my traduction!)


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Post by bigrex on Tue 16 Apr 2019, 11:14

I believe that they will use the current amount received under the Pension Act. So if you are getting a 100% pension Act pension, the settlement will be between $45000 and $50000.

It's not compensating for the money that had been deducted from ELB, it's compensating for the fact that any money was deducted, in the first place.


Translated to

Je crois qu'ils utiliseront la quantité actuelle reçue sous l'acte de Pension. Ainsi si vous recevez une pension d'acte de pension de 100 %, le règlement sera entre $45000 et $50000 .

Il ne compense pas pour l'argent qui avait été déduit d'ELB, il compense pour le fait que n'importe quel argent a été déduit, en premier lieu.
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Post by Peace on Tue 16 Apr 2019, 10:57

Bonjour,
Question :
J'aimerais comprendre concernant le réglement TOTH ELB RETRO.
Je reçois l'allocation de perte de revenus depuis Novembre 2006. De 2006 à 2012, j'avais une pension de 25%.
Maintenant depuis 1an et demi je suis invalide à 100%.
Comment sera calculé le remboursement TOTH??
Est-ce que se sera calculé par rapport au 25% de 2006 à 2012??
Où ça sera calculé par rapport au 100% d'invalidité maintenant??
Merci beaucoup de m'éclairer.

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Post by bigrex on Sat 02 Feb 2019, 01:00

I was just hoping to get a few thousand dollars, but I would be lying if I said that I am not pleased with the settlement. But I would prefer it if they would compare the settlement amounts, against your actual deductions, and then the Veteran received whichever amount is greater. One good thing about the settlement though, is because it's tax free, that means that Veterans aren't going to have to pay deemed taxes, plus interest penalties, like when we got the SISIP settlement.
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Post by Riddick on Fri 01 Feb 2019, 20:07

EZ Rider,

I believe Mr. Toth went to the hearing in Ottawa to try and change who received what and how much. I read some where that he was indirectly asking for financial airfare assistance to attend, as he didn't think a person who was on for ELB for 1 year should receive the same as someone on ELB for say 10 years.  I surmise he was unsuccessful believing the calculations would be too time consuming and or complicated for veterans to receive monies in a timely manner?
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Post by EZRider on Fri 01 Feb 2019, 17:59

bigrex wrote:Paragraph 29 is what gets me interested.

"Payments to CAF Class members will be based only on an eligible Class members degree of disability as assessed persuent to the Pension Act from 5% to 100%. The payments will range from approximately $2000 to $2500 for those witha 5% mdisability to $40000 to $50000 for those with a 100% disability. The amount is not a refund,and does not relate to the amounts previously deducted from any CFIS or ELB payments. "

So with a 65% PA pension, even though my ELB was only zeroed out for a few months, I should be getting a settlement of up to $32000 tax free?

That's how I understand it Rex....$2500 for every 5%. Could have been on ELB for 2 years or 10...doesn't matter.

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Post by bigrex on Fri 01 Feb 2019, 15:35

Paragraph 29 is what gets me interested.

"Payments to CAF Class members will be based only on an eligible Class members degree of disability as assessed persuent to the Pension Act from 5% to 100%. The payments will range from approximately $2000 to $2500 for those witha 5% mdisability to $40000 to $50000 for those with a 100% disability. The amount is not a refund,and does not relate to the amounts previously deducted from any CFIS or ELB payments. "

So with a 65% PA pension, even though my ELB was only zeroed out for a few months, I should be getting a settlement of up to $32000 tax free?
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Post by Guest on Fri 01 Feb 2019, 10:44

Riddick wrote:Settled/approved.

Those past of the Class can expect to see compensation between June and Dec 2019

http://mdlo.ca/wp-content/uploads/2016/04/Toth-v.-Her-Majesty-the-Queen-2019-FC-125.pdf

Awesome sauce

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Post by Riddick on Fri 01 Feb 2019, 07:53

Settled/approved.

Those part of the Class can expect to see compensation between June and Dec 2019

http://mdlo.ca/wp-content/uploads/2016/04/Toth-v.-Her-Majesty-the-Queen-2019-FC-125.pdf


Last edited by Riddick on Fri 01 Feb 2019, 11:57; edited 1 time in total
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Post by Guest on Tue 18 Dec 2018, 14:23

Class Action (Toth v. Her Majesty) Veterans. Updated December 12, 2018

Michel Drapeau Law Office

ELB Class Action Law Suit Settlement Reached - Page 2 Modernize-3-2.jpg?zoom=1

The parties made submissions to the Federal Court on 10 and 11 December 2018  in support of approving the settlement, Class Counsel’s fees, and the honorarium payment to Raymond Toth. The Court is now considering the submissions and is expected to release a decision in the New Year

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