Legal Fees (Assorted Topics)

I don't think that proving that the class is deserving of this special consideration will be very hard. Did the GoC unnecessarily prolong the lawsuit? Yes, by forcing us to go all the way to the Supreme Court just to get class certification. Did they act in bad faith? Yes, they continued to clawback PA pensions from class members, even after the Courts had deemed it illegal. Will the winning party be unfairly harmed if forced to pay costs? Yes, between legal fees, disbursements, taxes, and tax penalties, some class members are losing upwards to 60% of their individual awards, where as we would have only lost 15-20% for taxes if we had received the money when we were supposed to.

I sincerely think they MCooper deserves what they were promised prior to fighting this for all of us which is 30% plus disbursements.

I also SCREAM STRONGLY the veterans shouldn't be claw back to 40%-50%.

The only one who shouldn't not be discounted or reduced is Dennis Manuge

Suggest the Minimum the Veterans should be receiving after all fees and taxes 70% of the original amount stolen from them.

How this is accomplished is up to the Fed Courts.

I agree with bigrex in particuar, the point is how do we convins the judge to change how pay's legle fees. Did the GOC put a claw in the negetiations that they can no longer be persued at criminal or civilian avenews? I know they do not accept responsability nore do they recconnise fault! Mentally sick people are fond not responsable, but is sisip mentally unfit. I do not know were I want to go with this but together we must find somthing stong eghnouf to get the gudge to cut the fees or transfer them to the GC or sisip or manulife or thy can share it between them selves.

I so agree, malaise is quite evident here on the GoC's part.

Maggie, they delayed things even after that. Peter tells how they had to be pushed constantly to keep the negotiations on track. I think that judge should look at the fact that the Lawyers had to push things as fast as possible because they feared that the government would pass retroactive legislation so to say that what they did was legal, even after the judge had determined that they had broken the law. To me this case is a perfect example as to when cost SHOULD be assigned, because the Judge has the ability to assign costs to a certain party, but strict criteria has to have been met, and I think that should be pointed out on the 14th.

Found it... paragraph 149....

20 legal professionals... over 7,800 hours to date... over 6 years with no compensation.

Disbursements are Paragraph 164....details are given... total $168,777.91 by MC, plus 16,454.40 by Branch McMaster. to date and a projected 150,000.00 more to finish the proceeding, process and disburse the payments to the class.

Hope this helps... there is actually some pretty interesting information in that document... the most interesting to me is how the GOC fought and delayed the proceedings at every step of the way until May 2012

A days pay for a days work. Count the hours and compensate accordingly. Its easy math.

The legal fees have to be dropped to 10% (all legal fees). If they are dropped to 10% then Zero Sums like me won't have to pay legal fees out of pocket. The interest top up is not enough to pay these fees as it is now I will be paying at least $4000 of my retro. It should be zero.

It seems that the interest top up was calculated in order to pay off the Lawyers fees because nobody is actually benefitting much by the interest top up. This may not be the case but it sure looks like it.

Also, some of the compensation to the lawfirm is based on the risk they took in taking this case on rather than a straight $XX.XX per hours sort of payment. They could have put the same number of hours in for nothing.

I am pretty sure that most of the answers to your questions about hours worked on the case and disbursements are answered in Peter Driscoll's Affidavit. It is a lot of information to sort through, but I am sure I saw this information. It is all there, and broken down in to categories etc... very detailed.

What is a reasonable day's pay for a lawfirm?

When do we get to see the schedule of fees, disbursements, etc?

Again, one of those 'grey' questions until we know the details.

We know that the lawyers are looking 66M or so, is that a fair fee for the work that they have done?

I don't know, how many people worked on the case, how many hours were spent, how many disbursements were paid?

I don't know.

But I do feel that they need to be fairly compensated for their efforts. Don't throw the 'They could have asked for 30% argument' up again, though.

Like I said, 66M is ALOT of money, but, did they do 66M work?

Who knows, maybe the judge will toss the 7-point-whatever-percent on going forward monies.

For the record, I am a little disturbed that they are even getting a piece of the going forward money, I thought this suit was about the money that was clawed back. And I thought that was where the legal fees we coming from. If I don't live to 65, very likely given my conditions, then I am paying fees on money I won't ever see, not sure how that can be considered fair.

I think that I have ranted and digressed enough.

With luck, the Judge will provide for the lawyers fair and equitable compensation that will also work out in our benefit. Even a million a year is a lot of money.

According to mcinnis the only thng the judge can change are the mecanics of the fees, so when I takethe stand on the 14 or 15 I will consentrate on that!! Taxes we can not do anything about exept do are individuel homework. Her is my point of views. If a crook stole 15G dollars and he was brought to court. Would the GOC Keep 17.5% of the money befor returning it to it's owner stating he had to pay off legle fees? If I stole a car wuld the GOC keep persentage of that car to pay legle fees? If somone was too steel my god would I only get 80% back!!!!! Yes for many of us with all the adds and subtrations we will get our money back! But to pay for a basc right's that we all fought for in countries and people we never knew. We are all wound, physicly some mentally some both and again some to defend words like, honor, respect, freedum and equalitie!!
Where did thous thing we all fought for go? Criminals should go to jail! This will never happen in this illegle situation. victums should and never pay the price for justice, wy should we? Maybe it's ony fair that we th sub Canadiens have to pay once again for our right's. I do ot know about all of you but I already gave for that.

Again my two cents worth. I'm not getting much back so i'm not concerned. But I am concerned about who its for. This class action turned out to compensate all veterans and to a date further back then I ever imagined. This offer is good for all veterans not just a few. For the ones waiting since 1990 good for you. You deserve just as much as the next guy. One small drawback was which i saw and I agree with a few is the educational side for our kids. Because the clawback impacted the family and not just the member, it was my only concern. One per family and a small amount could have been a little higher. I have 4 kids this impacted on. Just my two cents worth other then that I'm agreeing with this offer.

Concur fully. Taxes will always be part of our lives. Deal is good enough for me. As for the judge ordering GOC to pay legal? That could possibly only happen if the judge thought GOC acted maliciously and knew they were wrong. Very very hard to prove so normally judges in such situations make each side pay their own legal.

Thank you , a voice of reason, from our resident accountant! Seal the Deal

Remember that the Provincial tax rates are in addition to the percentages listed for Federal.. Here in NB they are 9.1%, 12.1%, 12.4% and 14.3% (2011 rates) and the increases are at lower income levels..... so the total ranges from 24.1% all the way up to 43.3%... mind you $130,000 to reach the top level is a lot better then Greece's $56,000.

That being said, I think we would be crazy to but roadblocks in the way of this deal being put into effect because of the taxes! Do your best to minimize your tax situation any legal way you can and get on with enjoying the proceeds of this long drawn out battle.