ELB Class Action Law Suit

I'm optimistic the outcome will be in our favour....however long it takes.

folks this law suit is starting to flounder big time. i talked to the office a few weeks back and they were apologizing for there lack of forward movement..they were hoping this budget would free up money to settle...maybe in the fall mini budget somethingbut.....

Michel Drapeau Law Office  

 * * *  UPDATE  – FEBRUARY 21, 2017  *  * *

The parties are still at the “Discovery” stage. Parties have now delivered an Affidavit that lists all relevant documents in each party’s power, possession or control.

The parties have yet to agree on a Discovery Plan, however. This should be completed later on this Spring.

A recent reply I've received wrt the lawsuit.

"Thank you for writing,

Currently, the class action is going through disclosure and examination for discovery. This will continue for the next few months.

If settlement is not achieved, we anticipate the matter going to trial in 2017. Please note that currently we do not have a set date for trial, but the timelines prescribed at case management make spring, 2017 a likely time for a hearing.

We remain hopeful that this matter may settle out of court without the need for lengthy litigation. To that end, the parties have agreed to meet and discuss mediation in April/May of next year."  (2017)

This gives the Liberals until January 2017.
And as we see, things are going sideways, so wait until the end of the year or implement it all now.
Maybe announcing changes that correspond with changes being made in My VAC account...
not sure
1. transferring the VAC site to the direct Canada site:

We are in the process of moving our services and information to Canada.ca.

Our current Veterans Affairs Canada website will remain available until the move to Canada.ca is complete.

2. and this is being questioned as well:

"This reflects your current benefit standing and does not include benefits previously paid in full. Current monthly benefit values should be part of payment scheduled for February 27, 2017."


No communication what so ever.

sailor964,

According to the last update, the trial is suppose to begin this Month.

Dear Sir/Madam,

A Class Action lawsuit has been certified with the Federal Court of Canada concerning the Earnings Loss Benefit clawed back between April 2006 and April 2012. The lead plaintiff is Raymond Michael Toth, and the court docket number is T-1068-14. The Class will be represented by Michel Drapeau Law Office and Gowlings LLP (Toronto).

The Department of Justice has consented to Certification. At present, we expect the trial to occur in January, 2017 and it will be approximately 10 days in length.

In accordance with a court order dated March 17, 2016, we are writing to you because you have self-identified as a possible member of the Class. Please find attached information concerning the lawsuit, including information on: (a) what the Class Action is about (b) Who are Class Members? (c) What you need to do to take part; and (d) information about costs.

Please note: Should you not wish to be a part of this lawsuit, please fill out the Opt Out Coupon enclosed and send to the address provided as soon as practicable.

In the coming weeks, we will be establishing a webpage where all information on the proceeding will be posted, including all documents filed with the Court, all communications sent to members (in anonymous form) and periodic updates. We kindly request that the details of this email be kept confidential until after our website is live. We will send you an email advising of the webpage address when it is live.

You can also expect to receive communications from the Government of Canada (through Veterans Affairs Canada) in the coming weeks identifying you as a class member.

Yours truly,

MICHEL DRAPEAU LAW OFFICE


Joshua M. Juneau
Barrister & Solicitor / Avocat-notaire

tel (613) 236-2657 x201
fax (613) 236-7476

Note: This was posted on Wed 23 Mar 2016

Bruce72, is there a date specified of when it will be up in front of a judge?

Just wanted to bump this up, hoping for some new intel....anyone? Is this going to happen?

Sure would help.

Rags, it's an opinion made by you, in your opinion you made it clear that you don't trust Drapeau, there's opinions made daily on here and sometimes they offend some, I understand that your intention was solely to let others know what it is you believe of Mr. Drapeau, fair enough, but at the same time I would hope you understand that although not done intentionally to offend anyone, it is clear that indeed it was offensive to at least one member, therefore I'm sure you would have no problem understanding why it is that Rex asked you to remove your post, it is really not that big of a deal, it's just a matter of removing your post and or editing it. Were all adults here and sometimes we need to make those small sacrifices to keep the peace within the forum. We can go for days discussing who is right, or who is wrong, but to be honest, what's the point. BTW I'm trying to be reasonable about this, because I really don't see the need to spend a whole lot of time discussing who is right, or who is wrong. You made your point, if you can clean it up a bit, that will avoid escalating this further, and I'm sure were both on the same page not wanting to go there.

I see you removed a sentence, I appreciate that, but rags calling or suggesting to others that they are weak is uncalled for, and provocative in nature. That's not what I would expect from a man of your integrity.

Bigrex,
 First things first .....what threat? I made no threat.  

  Yes ya kinda have to take my word for it.......it wont be public for a little while but will be public soon enough. I guess ya have to ask your self why would I lie about such an item

   I thought it was clear. He as a lawyer was hired because he is a vet and can to give legal advise on other vets because of his inside knowledge. He did this for money and he was guiding an insurance company on how to seek information to avoid a payout they are responsible for. The insurance company is the accused not the victim.  Dont know where you would think a fraud would have anything to do with it but it does not. Any soldier would never harm another for money even if its your job just not who we are......if you are a real vet who has Honour.  

Sometimes compromise although not right correct or proper has to be given so socially we can pretend life is rosy. I compromised and removed the line in question.

Rags

Rags, the information you are referring to is not publicly known, so we have no way of knowing if what you have said is fact or not. Honestly, I don't know what kind of information that a lawyer could tell an insurance company, unless that the Veteran had admitted to committing fraud against the insurance company.

But regardless, we do not allow for threats against other Veterans. So please remove it from your post.

Chillier76,
 It would be slander if it wasn't true. So whats a Traitor? someone who take money for there own gain to leak something to an unfriendly about one of there own. We as vets are all part of the same brotherhood and I would never rat out or divulge information on one of my brothers for money knowing that information would be used to hurt them. He is a lawyer but when asked to seek info by an insurance company to hurt a fellow vet he should have just said I dont betray my brotherhood for a dollar business or not. And ya know he does not need the money 750 bucks peanuts to him but he has now proven he will cut the throat of a vet when he gets paid. "IN THE INTEREST OF THE politically correct I REMOVE THIS LINE"
 So be forewarned if he cuts other wounded vets throats for a dollar he will betray anyone including you......as long as someone pays him for the betrayal.    

Rags

I removed the two words that offended. Probably could have selected a better word the weak comment was not about the individual physically or mentally just about the weakness to use a non politically correct approach. We have too much politically correct crap going on. Sometimes ya have to call night black and day light cause its the truth. So apology to Rex for the comment.

Everyone is entitled to their opinion, but I digress,,, what makes you spit such a slanderous remark? You can beat your chest however much you want if you don't like someone, but from what I've seen he's the only law firm that would venture to take the case (pro-bono I might add), so I fail to see how he is doing wrong for veterans. If it's because he's not doing the law suit for free, then please do not forget he is not working on this as a hobby or in his spare time,,, in fact he has to dedicate time and resources and he is running a business NOT a charity. Drapeau has my support, and unless you can show me something solid, I see noth but slander in your comments

Rags, I'm almost certain I heard or read something similar about him, but I cannot pin point where or when it was.