PETER DRISCOLL-----21x MULTIPLER---$$$66,600,000.00$$$ MILLION DOLLARS---7.5%---13,487.50 PER HOUR ---IS GROSSLY EXCESSIVE ---ASK WILLIAM F.PENTNEY ATTORNEY GENERAL OF CANADA

Well, I know that if the GoC tried going to court now, if the deal is declined, they would be shooting themselves in the foot, politically. They have already publicly stated that they agreed with the Judge, that the clawback was unlawful, and that they had been waiting for a legal determination on the matter. That was done. But if they do refuse to negotiate a better deal, because if this one gets declined for being unfair to the entire class, then new one won't be able to contain less compensation for the class. And If they decided to not negotiate a fairer deal, and forced this back into court, the Canadian people would see the truth, the GoC doing the utmost it can to short change disabled Veterans in spite of being told they had broken the law, which for a tough on crime, pro military Prime Minister, should never happen. After all, the public were pissed when they found out that they had spent 750 000 fighting to this point, albeit for only a few days, but still, if this drags on towards the next election, it will only provide ammunition for the opposition.

Rags hey don't get me wrong I would love to see the GoC have to pay. I have been going on my experiences. I had to go to Federal Court to get VAC to recognize my disease.

I wanted VAC to pay my legal fees but it was a no from the start. My lawyer said many have tried and all have failed. It is very extreme situations that a Judge orders the GoC to pay.

Also I am going by what Peter D. told me time and time again. It would be a throw of the dice to go to court. He also told me they brought up the issue of GoC paying legal fees and the DoJ always said the same thing...no.

So what would be another couple million dollars? Well the realist in me says it's another couple million we would have to pay.

I loved that guy, he was right on the money, and you guys think us grunts are just armchair quarterbacks, JusticeJunkie thanks brother for a very good insight into being slighted

Teen

In the end we dont know what would have occurred for sure I give you that. It could I guess have gone either way if it was a dice shoot...but it is not. I am just of the opinion based on what I know of the case and the legal argument that won the case. Coupled with the position of the government opposing Vets in the public eye now.....most important they know they are wrong. they would have looked at the best approach for GOC. Which would be pay some fees now and get this done. Trial well I am of the view it was an easy win....even the judge eluded to that.
So I guess would it be worth it to spend more money on a legal fight to push this to the obvious win.....yup whats 2 or 3 million more when we are talking 66 million on fees I say earn some more. And in the end the GOC would have been ordered to pay by JB. That was obvious.

I do understand why you think settling now is a good thing. I just dont have same view but I know why you have yours and I can respect that. It just ends up costing me money for that respect but i understand.

JusticeJunkie come back please! Very excellent points.

Not to disagree with you Rags but one thing you have to consider if the deal had of been sent back to the court, because I highly doubt having the GoC to pay legal would have been negotiable, is more hours which means more legal fees.

There comes a time when you have to say "how much is the fight worth and is it a slam dunk win?"

I do not defend the fees- JB- will give up 30 million and likely more!
The point of this topic:
It was wrong to ask for 21X or 7.5% or $66,600,000.00.

Why was it wrong because the poor disabled vets the ones with the least will pay the most!

Agreed I was thinking and arguing more like 3 to 5% based on past history. My real issue is that we had a slam dunk case that just needed to be pushed and we would have gotten GOC to pay the fees what ever they were. At very least we should have stopped settlement gone back and renegotiate a few points but most importantly the "WHO PAYS PART". No reason GOC at a negotiation would not have come to table with 50% of fees. They would have feared going to trial and getting stung with full fees.

Rags- They were wrong to ask for 21 X ,They were wrong to expect 66,600,000.00,
According to Deputy AG of Canada
The max ever was 5.5 times.- TB1 for a small part of the settlement
The max ever was- 3.88%--- I R Schools

I do not defend the fees- JB- will give up 30 million and likely more!
The point of this topic:
It was wrong to ask for 21X or 7.5% or $66,600,000.00.

Why was it wrong because the poor disabled vets the ones with the least will pay the most!

Im a little confused JJ, do you want us to write letters to Justice Minister who is final approving authority on Justice Barns's decision?

Approving authority is W.F Pentney- Defendants written submissions on the issue of reasonable legal fees

Deputy Minister of Justice and Deputy Attorney General of Canada

William F. Pentney was appointed Deputy Minister of Justice and Deputy Attorney General of Canada on November 5, 2012.

Mr. Pentney joined the Public Service in 1991 as General Counsel and Director of Legal Services at the Canadian Human Rights Commission, where he remained until 1999.

From 1999 to 2006, Mr. Pentney held a number of positions at the Department of Justice, including Senior Assistant Deputy Minister for the Policy Sector, and Assistant Deputy Attorney General for the Citizenship, Immigration and Public Safety Portfolio.

From October 2006 to December 2007, Mr. Pentney was Assistant Secretary to the Cabinet, Priorities and Planning at the Privy Council Office. From January 2008 to August 2010, Mr. Pentney served as Associate Deputy Minister of the Department of National Defence.

Mr. Pentney became Deputy Secretary to the Cabinet, Plans and Consultation at the Privy Council Office in September 2010, and held that position until his appointment as Deputy Minister of Justice and Deputy Attorney General of Canada.

Prior to joining the Public Service, Mr. Pentney was Professor in the Faculty of Law at the University of Ottawa.

Mr. Pentney holds a Bachelor of Arts from Queen’s University, and a Bachelor of Laws and Master of Public Law from the University of Ottawa. Mr. Pentney is the author of several books and articles, including the revised edition of Justice Tarnopolsky’s text Discrimination and the Law in Canada, and Human Rights and Freedoms in Canada: Cases, Notes and Materials (with Mark Berlin).

I dont think we can be too upset with the lawyers getting paid they did a good job. I dont think we can be upset that we did this contingency either as thats just the way it went at start cause no one ponyied up cash to Dennis to help. So it is what it is. The question is the % of the total recovery what is fair? The judge will do that through past court actions and Im sure he will do a fair job.

My issue is that we had a chance to get GOC to pay by stopping this deal last week and going back to negotiations and having GOC pay at least 50%. If we wanted GOC to pay it all, we needed to go trial. My view is I think we should have spent another few million since little was spent to this point from legal side and do the trial. If someone is going to pay about 50 to 60 million in legal fees lets get our moneys worth and spend a few million fighting the action in court. We owed it to our brothers in arms and we owed it to ourselves.

I think that lawyers are terrible at admitting that they're wrong.
And not just admitting it; also realizing it.
Most lawyers are very successful, and they think that because they're making money and people think well of them, they must be doing everything right.

Alan Dershowitz
Alan Morton Dershowitz is an American lawyer, jurist, and political commentator. He has spent most of his career at Harvard Law School where in 1967, at the age of 28, he became the youngest full professor of law in its history.



PETER DRISCOLL-----21x MULTIPLER---$$$66,600,000.00$$$ MILLION DOLLARS---7.5%---13,487.50 PER HOUR ---IS GROSSLY EXCESSIVE ---ASK WILLIAM F.PENTNEY -DEPUTY ATTORNEY GENERAL OF CANADA