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Notice of Certification Published July 30, 2021

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Post by Unknown Soldier Thu 05 Aug 2021, 13:03

Riddick wrote:I would like the public to know what VAC does or doesn't do for the veterans other than their stupid optics or erecting useless monuments! The media will always put their slant/twist on things and the GoC has the money and power to silence the media if it so desires for their purposes/agenda. For me it is not about tit for tat or retaliation:  Trudeau had said a couple of things .....ignorant things like; (not verbatim) veterans should never have to take their government to court or .....you are asking for more than the government can give, yet they give millions to other countries or invite thousands and thousands of immigrants in, without an structure in place. Like WTF......look after your own FIRST!  They don't care as long as they believe they have the public on their side.

Yes this is two-faced and hypocritical......but being like them or acting like them won't help or change things.....IMO

What I find ......ummm refreshing is all the class action lawsuits that are being won.......hit them where it hurts and justice will prevail (hopefully)!

More and more individuals are coming forward and taking the GoC to court......although it is a very slow process.......it appears the judges are not being swayed by the government.....which is a darn good thing.

Moving towards politics .....sadly........there are no good candidates to choose from......so.....who does one choose when they are all self-serving??  The liberals are spending and spending........and the public likes the hand-outs regardless of the growing debt....quite the conundrum.

Riddick
myself and 2 other soldiers are in individual court cases against VAC, win or lose , l dont feel the media is " swayed ", l think they have been very receptive to printing the stories of each of us and those articles have been picked up by other media and printed or individual media outlets have contacted us to write their own articles on the matters. All of it enables the general public to read about the dirty tricks VAC pulls on mentally disabled veterans who dont fully understand the system, therefore get blindsided. I dont know the ratio to vet vs Goc that have won on an individual basis, but ld rather lose in court that suffer in silence with VAC laughing behind my back at how easily l was walked over because I didnt put up a fight.
Unknown Soldier
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Post by Kramer Wed 04 Aug 2021, 21:54

I would like the public to know what VAC does or doesn't do for the veterans other than their stupid optics or erecting useless monuments! The media will always put their slant/twist on things and the GoC has the money and power to silence the media if it so desires for their purposes/agenda. For me it is not about tit for tat or retaliation: Trudeau had said a couple of things .....ignorant things like; (not verbatim) veterans should never have to take their government to court or .....you are asking for more than the government can give, yet they give millions to other countries or invite thousands and thousands of immigrants in, without an structure in place. Like WTF......look after your own FIRST! They don't care as long as they believe they have the public on their side.

Yes this is two-faced and hypocritical......but being like them or acting like them won't help or change things.....IMO

What I find ......ummm refreshing is all the class action lawsuits that are being won.......hit them where it hurts and justice will prevail (hopefully)!

More and more individuals are coming forward and taking the GoC to court......although it is a very slow process.......it appears the judges are not being swayed by the government.....which is a darn good thing.

Moving towards politics .....sadly........there are no good candidates to choose from......so.....who does one choose when they are all self-serving?? The liberals are spending and spending........and the public likes the hand-outs regardless of the growing debt....quite the conundrum.

Riddick
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Post by Unknown Soldier Wed 04 Aug 2021, 21:16

Nemo wrote:I wonder what this will be worth to the average person from 2002... a couple hundred dollars...a couple thousand....???
Obviously each case will be different based on when a veteran got out, and what disability benefits they got, but for me it's not about the money, l want VAC to get another black eye in the media over the stunts they pull on injured soldiers.
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Post by Nemo Tue 03 Aug 2021, 17:06

I wonder what this will be worth to the average person from 2002... a couple hundred dollars...a couple thousand....???
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Post by Kramer Tue 03 Aug 2021, 12:09

Unknown Soldier wrote:...and one for thing from your post so are you saying this payout only applies if the veteran was considered a " northern resident" at the time they received their disability payment?

No that is not what I am saying. The plaintiff's/lawyers are going after additional corrections/compensation for what they believe was missed by VAC during their initial corrective payments.

This is what is being alleged:

"The Plaintiffs have learned about additional errors in VAC’s annual indexing calculations under section 75 of the Pension Act, and allege:

VAC failed, from 2002 to present, to calculate the Wage Rate using the province or territory with the lowest combined provincial and federal income tax rate (the Nunavut income tax rate should have been used instead of the rates applicable in Ontario and British Columbia);
VAC failed, from 2007 to present, to include the Canada Employment Amount in its calculation of the Wage Rate; and
VAC failed, from 2002 to present, to include the Northern Resident Deduction in its calculation of the Wage Rate.

The Plaintiffs allege that affected individuals are entitled to interest on the amounts wrongfully withheld and that they are entitled to equitable compensation for loss of use of entitlements on the amounts wrongfully withheld."

Every veteran will most likely receive (if approved) a different amount, some individuals fall under one or more combination of pensions and may take a fair bit of time calculating what one will/could get.

Riddick
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Post by Kramer Tue 03 Aug 2021, 11:59

Unknown Soldier wrote:I guess I'll join as l fall under all 3 vac tires of disability payments since 2002. But l thought this was already rectified/paid out, l may have even gotten something a few years back, l dont really know because my wife handles all my affairs.

Anyone who is/was a class member may have already received a correction payment (but that doesn't mean that is all they/we are/could be getting). That being said, one should not have to apply/register, but it wouldn't hurt.

Riddick
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Post by Unknown Soldier Mon 02 Aug 2021, 16:05

...and one for thing from your post so are you saying this payout only applies if the veteran was considered a " northern resident" at the time they received their disability payment?
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Post by Unknown Soldier Mon 02 Aug 2021, 16:01

I guess I'll join as l fall under all 3 vac tires of disability payments since 2002. But l thought this was already rectified/paid out, l may have even gotten something a few years back, l dont really know because my wife handles all my affairs.
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Post by Kramer Sun 01 Aug 2021, 12:00

Unknown Soldier wrote:
It says "certain disability benefits from Veterans Affairs Canada" , what disability benefits are they?

From what I read....this is as specific as they get regarding "benefits."

"All members and former members of the Canadian Armed Forces and Royal Canadian Mounted Police, and their spouses, common-law partners, dependants, survivors, orphans, and any other individuals, including eligible estates of all such persons, who received, at any time between 2002 and the present, disability pensions, disability awards and other benefits from the Defendant that were affected by the annual adjustment of the basic pension under section 75 of the Pension Act including, but not limited to, the awards and benefits listed at Schedule “A”.
Schedule “A”
• Pension Act pension for disability;
• Pension Act pension for death;
• Pension Act attendance allowance;
• Pension Act allowance for wear and tear of clothing or for specially made apparel;
• Pension Act exceptional incapacity allowance;
• Veterans Well-being Act disability award;
• Veterans Well-being Act clothing allowance;
• Veterans Well-being Regulations remuneration of an escort;
• Veterans Health Care Regulations remuneration of an escort;
• Veterans Health Care Regulations treatment allowance;
• Veterans Review and Appeal Board Act compassionate award;
• Civilian War-related Benefits Act war pensions and allowances for salt water fishers, overseas headquarters staff, air raid precautions workers, and injury for remedial treatment of various persons and voluntary aid detachment (World War II);
• Children of Deceased Veterans Education Assistance Act monthly allowance for education; and
• Flying Accidents Compensation Regulations flying accidents compensation.

So (from my understanding) if any of a person's benefit(s) are one or more of these and fall between 2002 and present, they are saying they/we should be entitled to the various/additional adjustments.

This is what the Plaintiff's/lawyers are claiming VAC neglected to correct the error by not adjusting the following:

"Based on access to information requests and other investigations made since the Veterans Ombudsman discovered the original indexation error, the Plaintiffs have learned about additional errors in VAC’s annual indexing calculations under section 75 of the Pension Act, and allege:

VAC failed, from 2002 to present, to calculate the Wage Rate using the province or territory with the lowest combined provincial and federal income tax rate (the Nunavut income tax rate should have been used instead of the rates applicable in Ontario and British Columbia);
VAC failed, from 2007 to present, to include the Canada Employment Amount in its calculation of the Wage Rate; and
VAC failed, from 2002 to present, to include the Northern Resident Deduction in its calculation of the Wage Rate.

The Plaintiffs allege that affected individuals are entitled to interest on the amounts wrongfully withheld and that they are entitled to equitable compensation for loss of use of entitlements on the amounts wrongfully withheld."

Hope this answers your question.

I do find it curious though.......VAC decided to adjust the error on their own without a courts decision....but they are being claimed to have fallen short. Despite this, there has been a lengthy time of "negotiating," which apparently didn't correct the error and or no resolution. Five law firms are now fighting for the Plaintiffs/class and these law firms are not newbies! So here we are.

Riddick
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Post by Unknown Soldier Sat 31 Jul 2021, 23:11

It says "certain disability benefits from Veterans Affairs Canada" , what disability benefits are they?
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Post by Kramer Fri 30 Jul 2021, 19:51



Last edited by Riddick on Fri 30 Jul 2021, 20:04; edited 2 times in total (Reason for editing : Accuracy)
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