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Legal Fees (Assorted Topics)

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Post by K9 Fri 12 Oct 2012, 14:04

"and any payments beyond the "without prejudice" period, the payment of legal fees, and the amount, has not yet been determined."
This is what I don't like, BEYOND. so if is not been determine, it means Bruce is right and Sisip to saying that our lawyers could ask for it. It speaks for itself.
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Legal Fees (Assorted Topics) - Page 66 Empty No legal fees will be attached to the "Without Prejudice" Cheques

Post by Guest Fri 12 Oct 2012, 13:58

Just got reply back from Kristine Hunter on this Question. The response was , there will not be legal fees attached to the "without prejudice" cheques that you will be receiving. As far as any retroactive payments, that you may receive, and any payments beyond the "without prejudice" period, the payment of legal fees, and the amount, has not yet been determined.


Last edited by Call of Duty on Fri 12 Oct 2012, 14:02; edited 1 time in total (Reason for editing : correct spelling mistake)

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Post by K9 Wed 19 Sep 2012, 16:16

We will all have something to say if we need, we will get by mail the proposal agreement a month before the Judge as to rule on it. Those who don't agree with the proposal can write to the Judge and he will have to look to everyone's letters. Usually in Class actions, you can be heard orally by the Judge, but it seems it won't be the case here!
So it is your responsibility to do so, if not, it will mean that you agree with all the terms of the proposal. So if you don't think it's a fair one, Write to the Judge!
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Post by Guest Wed 19 Sep 2012, 16:06

sure it has it is two cans and a string or 1970 DND comms.

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Post by Guest Wed 19 Sep 2012, 15:56

peep he took a break im sure he is checking in.
propat

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Post by Guest Wed 19 Sep 2012, 15:50

lmao @ foundry that internet forum has not been invented yet.
allways question athority
propat

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Post by peep Wed 19 Sep 2012, 15:37

Well a Vet must be steering/receiving updates as the Lawyer negotiations. He does not act on his own. Is Dennis Manuge here in forum?
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Post by Guest Wed 19 Sep 2012, 15:33

Not to offend any one how ever, this is how I see things

The legal fee question is a done deal. The judge will decide who and how much and all the other details. This has been covered in great detail before so try not to raise you blood presure to much over it as it is well out of our control at this point it would be better to focus on the final details of the deal if we get to see them any time soon and blow a nut on those issues. I would like to see this all end ASAP as would a great deal of us the GOC is going to do a lot to mess with our heads according to speculation and it should not surprise any one so it would be wise to plan how you will deal with the possible road blocks that may be ahead of us like not being aloud to talk about this deal to any one even on here possibley. "Fail to plan Plan to fail"

Just a thought.

This is just my opinion.

PS: I would not make it an open discussion on any internet forum big brother is listening LOL

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Post by Guest Wed 19 Sep 2012, 15:33

well as it is in negotiation we have no way i know of peep.
propat

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Post by Guest Wed 19 Sep 2012, 15:26

no one from any government office or seat of power has to admit or tell me they are guilty, I know it, you all know it.

those that initiated the clawback of PA funds or any other source that they managed to get from us, are guilty, and long gone.

Its was not enough to be found with their hands in the cookie jar, and to knowingly continue with the practice (for decades) when advised repeatedly of the wrongs it created, was bad (understated).

I hope that damages of some order has been arranged.


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Post by peep Wed 19 Sep 2012, 15:24

I think (c) applies, in many ways, but we have know way to tell the judge.
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Post by Guest Wed 19 Sep 2012, 15:10

k9 i see (c) being used in the indian schools case where they have to apply seperatly for inceased payment witch will require leagal help.thus the goc will pay for those leagal fees however i dont think they payed the initial suit leagal fees.i really think (a) may apply better.but either way to fight for this would be a huge gamble leagaly speaking.fighting for damages is a different ball of wax some say it would be hard to get i think its a slam dunk.
just my opinion
propat

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Post by acerman1234 Wed 19 Sep 2012, 15:04

K9:
I agree... 334.39 (1)(C) exceptional circumstances make it unjust to deprive the successful party of costs.

I remember being force to sign this mandatory insurance policy while in the service. Exceptional circumstances indeed!!!!!!!!!!!!!!!!!!!!

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Post by K9 Wed 19 Sep 2012, 14:28

Here is what is stated by the Federal Court Rules for Class Actions: I think C should apply here........

Costs

Marginal note:No costs

334.39 (1) Subject to subsection (2), no costs may be awarded against any party to a motion for certification of a proceeding as a class proceeding, to a class proceeding or to an appeal arising from a class proceeding, unless
(a) the conduct of the party unnecessarily lengthened the duration of the proceeding;
(b) any step in the proceeding by the party was improper, vexatious or unnecessary or was taken through negligence, mistake or excessive caution; or
(c) exceptional circumstances make it unjust to deprive the successful party of costs.
Marginal note:Individual claims

(2) The Court has full discretion to award costs with respect to the determination of the individual claims of a class member.
SOR/2007-301, s. 7.
En français:
Dépens

Note marginale :Sans dépens

334.39 (1) Sous réserve du paragraphe (2), les dépens ne sont adjugés contre une partie à une requête en vue de faire autoriser l’instance comme recours collectif, à un recours collectif ou à un appel découlant d’un recours collectif, que dans les cas suivants :
a) sa conduite a eu pour effet de prolonger inutilement la durée de l’instance;
b) une mesure prise par elle au cours de l’instance était inappropriée, vexatoire ou inutile ou a été effectuée de manière négligente, par erreur ou avec trop de circonspection;
c) des circonstances exceptionnelles font en sorte qu’il serait injuste d’en priver la partie qui a eu gain de cause.
Note marginale :Réclamations individuelles

(2) La Cour a le pouvoir discrétionnaire d’adjuger les dépens qui sont liés aux décisions portant sur les réclamations individuelles de membres du groupe.
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Post by Guest Wed 19 Sep 2012, 12:38

As this post was started by the law firm, i would like to Know when you can send out the points of the 18 sept meeting and , as i was told, Is the finishing touches being appiled to the settlement as we speak. This is important, as i am new to these forums, I am not sure about this, But you , the law firm should appreciate what these veterans are going thru, and the need to release information as soon as your able to, to relieve this stress

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