ELB Class Action Law Suit

Robbie that is referring to the ELB Class Action Law suit, see VAC Benefits, Sticky, ELB Class Action Law suit / Retro

I received a letter telling me again I am a part of another CLASS ACTION LAW SUIT, please God give me light so I can be a better puppet, lets pray this one is a nice one.

Hey another Class Action what gives.

ELB + SISIP + DA + PIA + PIAS is the right way

No offsets either

Tax free too

The Pension Act pension is like Tort damages (Sarvanis SCC 2002) so it is Capital & not taxed (Jennings SCC 1966). Like Workers' Comp for soldiers.

As such the suite of benefits that replaced the pension MUST be tax free, for life, no conditions

Thanks for the update, I was wondering how this was progressing.

HI Dawn,

Thanks for following up. Please note that government has never agreed ELB Veterans are entitled to receive the clawback from April 2006 to April 2012 – hence this lawsuit.

In March, 2016 the Federal Court approved the following litigation timetable:

1. The Plaintiff is to produce documents within 90 days of service of the Statement of Defence;
Comment: This was done on April 27, 2016

2. The Defendant is to produce documents within 60 days of the Plaintiff’s document production.
Comment: We have received partial disclosure through the Department of Justice. Full disclosure is expected by the end of the summer as part of their continuing disclosure obligations.

3. Oral examinations for discovery are to be conducted within 60 days of the Defendant’s document production;
Comment: This is ongoing.

4. Pre-trial motions are to be brought in the fall of 2016/winter of 2017; and

5. The trial is to be scheduled in the spring of 2017 or as soon thereafter as possible subject to available trial dates.

We therefore expect a hearing to occur in Spring 2017. A decision is usually released within six(6) months of the hearing.

Yours truly,
Josh




Joshua M. Juneau
Barrister & Solicitor / Avocat-notaire
tel (613) 236-2657 x201
fax (613) 236-7476
website | bio | facebook | vCard | map | email

MICHEL DRAPEAU LAW OFFICE / CABINET JURIDIQUE MICHEL DRAPEAU
This message is intended for the exclusive use of its addressee and may contain confidential information and be protected under solicitor-client privilege. Please advise if you wish us to use a mode of communication other than regular, unsecured e-mail in our communications with you.

Ce message est à l'usage exclusif de son destinataire et peut contenir des renseignements confidentiels et être protégé par le secret professionnel. Si vous désirez que nous communiquions avec vous par un autre moyen de transmission que le courrier électronique ordinaire non sécurisé, veuillez nous en aviser.


This is the answer I received today July 13, 2016.

ELB Class Action Update"

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

ya big rex legally speaking this is huge ! a class action is much harder to fight than 10,000 individual claims . due to lack of will initially 10,000 claimants can become 1000 in a big hurry . who wants to take on the GOC right ? you will beat 750 of those 1000 by attrition just by dragging things out so they cant afford the legal fees .

even if the 250 have very good lawyers willing to work for cheep or free so say you lose all 250 cases you still made out like a bandit .

that's why when fighting a class you fight the citification tooth and nail because if you can stop that in the end even if you loose you actually win because you will settle those few cases left at the end with a non discloser tagged to it . no one that chose not to will have any idea if its worth it to give it a go so they will remain on the sidelines.

just thinking out loud but never seen this coming so to me this is a huge deal . even if things go south at least those with something at steak will have an answer years erlier because of this .

there is a reason they did this the possibilities are good and bad BUT to me this looks GREAT .

JMO

propat

You're right. The SISIP lawsuit took several years, because the Tories contested the initial certification, eventually requiring a decision by the Supreme Court of Canada, just to call ourselves a class. So the fact that the GoC has decided to let the lawsuit proceed without throwing additional hurdles in the way is a big step. And you never know, once the budget is out of the way, they just might concede altogether.

you are right trooper very reasonable indeed . like I said just by not fighting the certification could have very well shortened this thing by as much as 2 years . if I recall correctly the certification battle for the SISIP lawsuit took longer than that .

so comparatively speaking this thing is moving at light speed now that we have no cirtification battle .

my big question is WHY !!!!

yup over in this mandate im sure now that there is no certification battle .

thing is because they made this move im willing to bet this thing is over in 2017 at the latest .

im guessing it could be sooner down to maybe in a few weeks .

JMO

propat

Actually the dates provided is quite reasonable for a Law Suit.

Also another good thing is that it's the beginning of a governing term...so it should be all over within the Liberal 4 year term.

The best thing that can happen here is the government folding on this before it even gets to court...this will save the government funds in fighting it...an would also show good will on their part which will prove that they are serious when they said they want to strike a new tone with Veterans.

they could have drug this out 1-2 years closer to two im thinking just fighting certification and any subsequent appeals on the certification judgement . that on its own makes this GREAT news .

a class is huge as opposed to individual law suits . for the GOC this would be a very important part of this fight . if they plan on fighting the suit and they thought they had the slightest chance of stopping the citification they would be fighting this tooth and nail .

even if they thought they were going to loose the citification and the suit itself but wanted to drag this out hoping for better financial times in the future they would be fighting the certification .

to me im seeing at least three possibilities for this move.

1. they think they have a case they cant loose .

2.they are going to play the politics fight the suit at the hearing see how well they do in the suit and with public opinion and if things look good wait for the decision if not just pay them what they owe to end this before the decision comes down .

3. they have decided to pay the monies owed and plan on doing this prior to the hearing .

propat

trooper wrote:I agree...certification is good news.

Awesome, I had no idea if it was good or bad, figuring good would be "just go ahead and pay the troops, no use wasting tax payers money in court".

I agree...certification is good news.

real good news .

propat