Re: ELB Class Action Law Suit Settlement Reached

by **Kramer** Fri 01 Feb 2019, 20:07

EZ Rider,

I believe Mr. Toth went to the hearing in Ottawa to try and change who received what and how much. I read some where that he was indirectly asking for financial airfare assistance to attend, as he didn't think a person who was on for ELB for 1 year should receive the same as someone on ELB for say 10 years. I surmise he was unsuccessful believing the calculations would be too time consuming and or complicated for veterans to receive monies in a timely manner?

by EZRider Fri 01 Feb 2019, 17:59

bigrex wrote:Paragraph 29 is what gets me interested.

"Payments to CAF Class members will be based only on an eligible Class members degree of disability as assessed persuent to the Pension Act from 5% to 100%. The payments will range from approximately $2000 to $2500 for those witha 5% mdisability to $40000 to $50000 for those with a 100% disability. The amount is not a refund,and does not relate to the amounts previously deducted from any CFIS or ELB payments. "

So with a 65% PA pension, even though my ELB was only zeroed out for a few months, I should be getting a settlement of up to $32000 tax free?

That's how I understand it Rex....$2500 for every 5%. Could have been on ELB for 2 years or 10...doesn't matter.

by **bigrex** Fri 01 Feb 2019, 15:35

Paragraph 29 is what gets me interested.

"Payments to CAF Class members will be based only on an eligible Class members degree of disability as assessed persuent to the Pension Act from 5% to 100%. The payments will range from approximately $2000 to $2500 for those witha 5% mdisability to $40000 to $50000 for those with a 100% disability. The amount is not a refund,and does not relate to the amounts previously deducted from any CFIS or ELB payments. "

So with a 65% PA pension, even though my ELB was only zeroed out for a few months, I should be getting a settlement of up to $32000 tax free?

by Guest Fri 01 Feb 2019, 10:44

Riddick wrote:Settled/approved.

Those past of the Class can expect to see compensation between June and Dec 2019

http://mdlo.ca/wp-content/uploads/2016/04/Toth-v.-Her-Majesty-the-Queen-2019-FC-125.pdf

Awesome sauce

by **Kramer** Fri 01 Feb 2019, 07:53

Settled/approved.

Those part of the Class can expect to see compensation between June and Dec 2019

http://mdlo.ca/wp-content/uploads/2016/04/Toth-v.-Her-Majesty-the-Queen-2019-FC-125.pdf

by Guest Tue 18 Dec 2018, 14:23

Class Action (Toth v. Her Majesty) Veterans. Updated December 12, 2018

Michel Drapeau Law Office

ELB Class Action Law Suit Settlement Reached - Page 4 Modernize-3-2.jpg?zoom=1

ELB Class Action Law Suit Settlement Reached - Page 4 Modernize-3-2.jpg?zoom=1

The parties made submissions to the Federal Court on 10 and 11 December 2018 in support of approving the settlement, Class Counsel’s fees, and the honorarium payment to Raymond Toth. The Court is now considering the submissions and is expected to release a decision in the New Year

by Guest Thu 06 Dec 2018, 15:33

Artie Simm wrote:
Bruce72 wrote:
EZRider wrote:That was quick Bruce Good news!

Has anyone figured out how they are calculating the actual payouts....a percentage of actual deductions or?
does this include vets who ended up on elb after lawsuit opened, and after it was settled or only those vets named in the lawsuit? If it's all encompassing, does that mean vets dont have to include ELB income on this years taxes or is it too close to the end of year?

I added a link with all the current information. And yes it is good news!

Click this link Artie and all your questions will be answered.

http://mdlo.ca/uncategorized/advisory-veterans-class-action-documentation/#comment-19189

Also: Class members are CF or war veterans whose WVA, ELB, or CFIS benefits before 2012 were reduced or eliminated based on deduction of Pension Act disability payments. Most Class Members have been identified by Veterans Affairs Canada (VAC) and were sent a Notice in the mail in August 2016. If you did not receive a Notice but believe that you are part of the class, please contact Class Counsel.

Some veterans received Notices from VAC in error in August 2016 based on an over-inclusive notice program. If you received a Notice but did not receive, or qualify for, ELB, CFIS, or WVA between 2006 and 2012, and were therefore not subject to any deduction of Pension Act benefits during that period, you are not a Class Member and cannot benefit from settlement of the Class Action.

Artie it means class members do not have to claim their portion of the settlement on their taxes.

by Guest Thu 06 Dec 2018, 15:19

Bruce72 wrote:
EZRider wrote:That was quick Bruce Good news!

Has anyone figured out how they are calculating the actual payouts....a percentage of actual deductions or?
does this include vets who ended up on elb after lawsuit opened, and after it was settled or only those vets named in the lawsuit? If it's all encompassing, does that mean vets dont have to include ELB income on this years taxes or is it too close to the end of year?

I added a link with all the current information. And yes it is good news!

by Guest Thu 06 Dec 2018, 13:33

EZRider wrote:That was quick Bruce Good news!

Has anyone figured out how they are calculating the actual payouts....a percentage of actual deductions or?

I added a link with all the current information. And yes it is good news!

by Guest Thu 06 Dec 2018, 13:32

Bruce72 wrote:Update December 6, 2018

Favourable Ruling from Canada Revenue Agency

The Canada Revenue Agency has confirmed that payments made under the proposed settlement will be considered non-taxable damages. Veterans will not be required to include payments under the proposed settlement in their income and there will be no reporting or withholding requirements.

Joshua M. Juneau
Barrister & Solicitor / Avocat-notaire

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

http://mdlo.ca/uncategorized/advisory-veterans-class-action-documentation/#comment-19189

by EZRider Thu 06 Dec 2018, 13:09

That was quick Bruce Smile

Good news!

Has anyone figured out how they are calculating the actual payouts....a percentage of actual deductions or?

by Guest Thu 06 Dec 2018, 13:03

Update December 6, 2018

Favourable Ruling from Canada Revenue Agency

The Canada Revenue Agency has confirmed that payments made under the proposed settlement will be considered non-taxable damages. Veterans will not be required to include payments under the proposed settlement in their income and there will be no reporting or withholding requirements.

Joshua M. Juneau
Barrister & Solicitor / Avocat-notaire

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

by 1993firebird Wed 21 Nov 2018, 16:39

Congratulations to All ELB Class Action Lawsuit Members

by **bigrex** Sun 23 Sep 2018, 22:19

As I said before. No, because the settlement paid the SISIP, you were owed for those years, and the CPP retro merely caused an overpayment. So therefor VAC will say that your ELB had already been zero summed for those years.. SO they won't owe you anything, and you don't owe them anything.

by JumpingFool Sun 23 Sep 2018, 19:42

As previously stated, I was a part of the SISIP Class Action, got a settlement based on the old VC as I never received any LUMP payments figuratively. Upon being re-enstated LTD through SISIp I applied for me CPP and DTC, hoorah I got both and quickly had to hand over the CPP portion (10 years backdated) in full to the knobbs at SISIP and CFSA Pensions office, me question is would any of that payment (25,341.79) be placed into this fancy algorithm to see what was stolen and should be given back, feels like I roque'd troops

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