28 September Memo

"Assuming we are on track, you will receive further notice about this hearing, and how to make your views known, in December."

Peter, I called the Federal Court yesterday to ask if Judge Barnes was bilingual, the answer I got was that all Judges had to be bilingual, further to more research, I think they called his secretary, he is not. WHAT way will us francophone be able to have a word if he can't read French? Please let us know.
Can we go and do it on location orally???
Please get directions from the Court concerning this important issue.

Merci.

First I would just like to say Thanks to you Peter and your team for all your hard work..without your support we would not be, were we are at. Keep up the good fight. I would like to say that this dragging of the feet by our goverment is 100% uncalled for and for once...just once I would like to see any member of your goverment included Mr Harper who by the way makes over $300,000, plus perks ( car allowance, cleaning staff, etc)a year. Reach down and grab what god gave him, step up to the plate and show that he, himself is aware of what is going on and what he and his goverment is willing to do for all veterans in there time of need...that being said he will not, nor will he comment because he is to busy accepting awards.... makes you wonder when is your goverment go to give a s**t about those who have served, those who have lost and those who are left...

Just had to voice my opion...031

Also, after re-reading the memo, why did it take so long to get release approval. All it said was that the government and SISIP have been screwing the pooch all summer, and are only now saying that they aren't finished bean counting. I'm sure they knew they weren't going to be finished on time, when everyone agreed to the December meeting with the judge, so now they're wasting everyone's time. I bet Harper will be able to buy some incredible Christmas gifts with the extra interest they earn off our money.

Thank you Peter, I just wish the Government had half your integrity.

I agree that this is totally unacceptable, They have known that they were going to be owing retro-active money since June. The majority of us are simple to finalize, since they already know exactly how much was deducted due to PA pensions over the 24 months while on SISIP. Therefor all this time could have been used identifying each zero sum client who were officially declared totally disabled while still on the SISIP books, and verifying what other legal sources of income they have claimed from CRA, since CRA will have every T4A and T4E they'll have filed since their release, therefor reducing the need to directly contact each individual agency. That way the more difficult cases could be settled at the last minute, such as clients who were zeroed out within the initial 24 months, but were never declared totally disabled by SISIP, but have the necessary proxies, such as CPP (D).

This also means that our packages will be delayed as well, minimizing the class members' opportunity to voice our case to the judge due to the Holidays.

thats GREAT coats dude

"Grey coats on, Grey coats off"

I hope I am one of them. Those bureaucrats are buffered from me now thanks to our legal team. I'd rather jump in front of a train than talk to certain SISIP clerks again.

Just curious, what does it mean "Even if you don't qualify now?" I have been dragged through the mud for almost nine years, can't handle anymore anxiety..... Which Zero sum clients will be re-instated which ones won't. Thanks all for your opinion.

well for greatfoot hope you got that off your chest... naming calling obviously is your way to get things done..... good luck maybe we will wait longer when the gov reps reads these adult intelligent comments...... : "you know how it goes, well he pissed me off now he can wait"

one bad apple spoils the whole bucket

Lord, It's not going to be hundred of millions of settlement monies, it's going to be Billions....And many more vets qualifying. they screwed this thing off since 1976. This could be one of the biggest Class Action Lawsuit in Canadian Hystory.

.

Wounder where I fit in, I'm ready to do battle!

The wording of that formal undertaking would be very good to know for those hoping to be reinstated.

Latest Memo from Peter Driscoll. Please note only the English version is available now. French version available 1 October. Peter wanted to get the info he has now out for viewing.


MEMORANDUM

TO: Members of the SISIP Class Action

FROM: Peter Driscoll

DATE: September 27, 2012 File No.: PF-101

RE: Negotiations with the Department of Justice No. 5



Introduction
We write to provide an update on the progress of our resolution discussions with the Department of Justice and Stephen Toope held on September 18, 2012. Thank you for your patience with the delay in releasing this update. In order to announce an interim positive step to commence the processing for qualifying “zero sum” class members, however continued discussions were required after the meeting.
Data Due Diligence and Challenges
The Government continues its efforts to value and verify the cost of returning the amounts improperly offset by SISIP. This is complicated by the fact that the proposed amounts may go back to the start of the offset, which was 1976.
During the September 18 meeting, we were advised by the Government that an audit of Manulife Financial’s work by the Office of the Superintendent of Financial Institutions (OSFI) will be complete and available for our review in the coming weeks. Unfortunately we cannot move forward on all of the outstanding issues with confidence until our experts have the opportunity to review the Government numbers and methodology to ensure their accuracy. Many of the issues discussed in our last memorandum are agreed to in principle, but remain subject to a due diligence review of the numbers.
Retroactive Payment Approval – Timing
The Government’s data challenges have pushed back our targeted court approval hearing slightly. Assuming we are able to achieve a final agreement, the court hearing for final approval is presently scheduled for January 15-16, 2013 in Halifax. Assuming we are on track, you will receive further notice about this hearing, and how to make your views known, in December.


Commencing the Application Process for Zero Sum Class Members
As a result of the data challenges, we have successfully pressed the Government to start the processing for qualifying “zero sum” class members (those members of the Class who received nothing from SISIP LTD due to the deduction of their VAC disability payments). The Government also provided a formal undertaking to the Court in this respect today during our meeting with Mr. Justice Barnes.
We have been keenly aware from the start of this class action and ultimately these negotiations, of the vulnerable position of the zero sum members and the need to commence payments. As of October 9, zero sum members should contact Manulife Financial and start the process of providing additional information as required pending our finalizing the court approved process. Please note even if you are not determined to be qualified now, we are negotiating for a process that may assist you with your claim and provide an independent adjudication process outside of Manulife Financial. Furthermore, the parties are discussing an alternative way to provide interim payments to zero sum claimants pending the review and adjudication of their file by Manulife Financial and should be in a position to report to the Class on October 10th.
Next Meetings
The parties have a meeting scheduled for October 22, 2012 in Ottawa.
The parties have scheduled a target meeting with Mr. Justice Barnes for December 3, 2012 to approve the notice to the class of any proposed agreement.
The parties have scheduled a target date for final court approval of any settlement for January 15-16, 2013.
Contact

As always, please do not hesitate to contact us as follows:

By email: SISIPClassAction@mcinnescooper.com

By phone: (902) 455-8140

Peter Driscoll

/amh