Pension Miscalculation/Error Class Action

Asked this question on January 19 of this year, same thread.

Settlement is on miscalculated payments, no answer yet on amount of correction/change going forward,

anyone would think a miscalculation would include correction going forward just like the sisip ltd settlement,

however if you are not getting any answers, anywhere, anytime, from anyone, consider

It is not in the best interest of any law firm to take on the cause of any amount going forward as they are not entitled to any amount going forward, just on the amount represented in court as miscalculated as a settlement,

this is similiar in the way sisip ltd was reinstated (paid) by class action representation, the sisip settlement amount included legal fees and disbursements on representation that came before the court, but did not infringe or include the any amount reinstated going forward.

DonG wrote:Does anyone know if after the miscalculations have been retroactively corrected and paid out should there be a correction to the regular monthly amount going fwd to reflect the 20 years of underpayment. ? Hope the question makes sense

Welcome DonG!

You asked the million dollar question. Between this class action and the Mefloquine Mass Tort, I do not know which is/has been the most convoluted/questioned? So much confusion!

Recap: When Guy Parent was the Veterans Ombudsman, he brought the pension error to the then MVA Lawrence MacAulay Not Ombudsman Nishika Jardine like the tabloids give credit! It was while the team of 5 lawyer offices which subsequently discovered more errors. Unfortunately they went too far before realizing some of the additional errors they supposedly found (and posted) were not errors....which is why the messed up FSA (Final Settlement Agreement) had to be changed/amended so many times and things got more confusing! So......some benefits under the New Veterans Charter (VWA Veterans Well-being Act) had to be retracted. I initially brought this to the attention of the Justice Kane and some law offices....but some were so arrogant they couldn't believe or listen there were errors (after all the embarrassment that 5 law offices actually missed something would be too difficult to accept) . The office of MDLO was one that I contacted and Michel Drapeau wouldn't give me the time of day.

Long story short, The lead plaintiff, Dennis Manuge even discussed this and knew that the FSA was still missing something......the errors going forward was not addressed properly/fully!

So...your question remains valid .....yes there SHOULD BE adjustments going forward! At this point (from my understanding) the corrections going forward are still unknown/unresolved?

As many have noted....everytime a vet talks to or communicates with VAC staff, they get different answers....OR...."I/we don't know!" Which only reinforces the SRB class action with Sean Bruyea, that the information from VAC is often so confusing and misleading, it short changes many veterans. Even VAC staff can't get their own policies right/straight.

Sooo.....the best I can say (at this time)...is....we'll have to wait and see.....at this point it's hard to put the cart ahead of the horse...when VAC doesn't even know.

Does anyone know if after the miscalculations have been retroactively corrected and paid out should there be a correction to the regular monthly amount going fwd to reflect the 20 years of underpayment. ? Hope the question makes sense

Shogun-VP wrote:Someone posted on the PPCLI association that they spoke to VA and that payments are expected between Labour Day and thanksgiving.

Every time I speak to VA they don't have a clue what I'm talking about..they just say to contact the law firms..lol. They even said "you will know before we do"....I guess the people answering the phones are left in the dark like us.

Someone posted on the PPCLI association that they spoke to VA and that payments are expected between Labour Day and thanksgiving.

92 calendar days between 18 March and June 18th, including 13 Saturdays, 13 Sundays and 2 holidays, leaving 64 total work days.

At the previous 608 files per day an average total would have had just shy of 39K accomplished, but not paid out, and continues to have to be adjusted ongoing until done, meaning even if calculated, it needs to be readjusted, and

The payout changes with every day until paid out including interest and adjustment. If not paid until December 18th, VAC adds an average of just shy of $700K to the total payout total to both members and legal.

Understood, have to delete or redirect to proper thread.

Alll good

My bad

bog6 wrote:It maybe different how if you have read it it is going back to court because the Government is appealing the decision and going back to court November 4 to 18, 2024 in Toronto

I understand it the way LostTrucker does. The one you are referring to bog6, relates to those new veterans just released and had to wait or are waiting an excessive amount of time to start receiving their monthly pension. The copy of the email you posted even states "delayed pension payments."

This thread is about pension error/miscalculation is settled and unrelated.

It maybe different how if you have read it it is going back to court because the Government is appealing the decision and going back to court November 4 to 18, 2024 in Toronto

bog6 wrote:just came in by email

Sir/Madam,

As you may know, we are the lawyers representing Canadian veterans in a class action about delayed pension payments. The class action seeks compensation for the chronic, excessive, and unreasonable delay in the payment of pensions to Canadian Armed Forces' veterans. More information on the action can be found here: https://kmlaw.ca/cases/canada-forces-delayed-pension-class-action/.

We are writing to update you on the status of the case. We have been actively litigating this case since 2017. We were successful in having it certified as a class action by the Federal Court. The government ardently opposed certification. The government then appealed certification. The Federal Court of Appeal rejected their appeal. We have now completed examinations for discovery. The next step is trial.

The federal government, regrettably, has chosen to fight veterans in Court. The government has acknowledged that the conduct was "absolutely unacceptable" and that veterans were treated "unfairly". However, despite these acknowledgments, they have not offered any compensation. The trial is scheduled for November 4 to 18, 2024 in Toronto. Unfortunately, it traverses Remembrance Day. We will provide further updates prior to the trial.

Please note that you are on our contact list and do not need to take any action at this time or respond to this email. Further updates will be provided on our website as they become available: https://kmlaw.ca/cases/canada-forces-delayed-pension-class-action/.

Regards,
Communications Department
Koskie Minsky LLP | Barristers & Solicitors
T 1-800-513-6344 | F 416.204.2897 | E cafpensions@kmlaw.ca
www.kmlaw.ca/canada-forces-delayed-pension-class-action/

If you no longer wish to receive our email messages, please email us at cafpensions@kmlaw.ca

Once again this is a different class action. The one in this topic had already gone to trial and it was settled and court ordered.

just came in by email

Sir/Madam,

As you may know, we are the lawyers representing Canadian veterans in a class action about delayed pension payments. The class action seeks compensation for the chronic, excessive, and unreasonable delay in the payment of pensions to Canadian Armed Forces' veterans. More information on the action can be found here: https://kmlaw.ca/cases/canada-forces-delayed-pension-class-action/.

We are writing to update you on the status of the case. We have been actively litigating this case since 2017. We were successful in having it certified as a class action by the Federal Court. The government ardently opposed certification. The government then appealed certification. The Federal Court of Appeal rejected their appeal. We have now completed examinations for discovery. The next step is trial.

The federal government, regrettably, has chosen to fight veterans in Court. The government has acknowledged that the conduct was "absolutely unacceptable" and that veterans were treated "unfairly". However, despite these acknowledgments, they have not offered any compensation. The trial is scheduled for November 4 to 18, 2024 in Toronto. Unfortunately, it traverses Remembrance Day. We will provide further updates prior to the trial.

Please note that you are on our contact list and do not need to take any action at this time or respond to this email. Further updates will be provided on our website as they become available: https://kmlaw.ca/cases/canada-forces-delayed-pension-class-action/.

Regards,
Communications Department
Koskie Minsky LLP | Barristers & Solicitors
T 1-800-513-6344 | F 416.204.2897 | E cafpensions@kmlaw.ca
www.kmlaw.ca/canada-forces-delayed-pension-class-action/

If you no longer wish to receive our email messages, please email us at cafpensions@kmlaw.ca

I was told yesterday no time frame yet for thos payment. Typical

Exactly,  lm in about 3-5 lawsuits , no idea what's going on in any of them, but l also have yet to be paid in any of the ones settled, lol

C130loadie wrote:Just putting it out there that I received my Logan v. HMTK settlement.

Not to be confused, but the case in this thread is "Manuge v His Majesty the King"
just wanted to make sure people weren't getting confused in thinking this case was currently being paid out to members

C130loadie wrote:Just putting it out there that I received my Logan v. HMTK settlement.

Thanks for the update and welcome to the group!