Canadian Soldiers Assistance Team (CSAT) Forum


Join the forum, it's quick and easy

Canadian Soldiers Assistance Team (CSAT) Forum
Canadian Soldiers Assistance Team (CSAT) Forum
Would you like to react to this message? Create an account in a few clicks or log in to continue.

SRB Sean Bruyea Class Action

Go down

SRB Sean Bruyea Class Action Empty SRB Update Day 3

Post by Kramer Thu 09 Jun 2022, 07:32

Day 3 of 3 Final Day of Trial for Certification of our Class Action. Everyone was exhausted on both sides of the Court as well as yours truly furiously taking notes for most of the three days to assist our legal team on knowledge sharing of VAC history, policies, etc.. Our lawyers, Angela Bespflug and Janelle O'Connor demonstrated how over two years of hard work came to fruition. They are an exceptional team and we are so fortunate they are on our side.

Government of Canada lawyers presented today with all three lawyers throwing all they could in the way of preventing certification. Returning again and again to the issue, the Crown tried to portray the VAC rehabilitation program as something Veterans move in and out of, repeatedly losing their TPI and/or ELB over the period 2006 to 2019. Furthermore, that the entire purpose of the VAC rehabilitation plan is to get these Veterans off income support and back to work!

Angela Bespfulg adroitly and politely set the record straight in two sentences. Although government lawyers are required to try to fight tooth and nail to stop this class action, it is somehow disheartening to see the same government which ordered us into harms way being so determined and sometimes petty in fighting to prevent Canada's most disabled Veterans from receiving access to justice.

In spite of this, Government lawyers showed magnanimity in the end and kindly offered up their willingness to work with our lawyers and the class should the the Federal Court grant us certification to proceed as a class action.

We are also extremely fortunate to have Justice Catherin Kane presiding over the case. Justice Kane has ample experience in class actions as well as cases involving marginalized groups. Throughout the trial, there was no doubt that Justice Kane was astutely aware of the issues in the trial and had clearly done her homework in reading the two overloaded banker boxes of evidence, case law and pleadings from both sides.

My many thanks to our entire legal team at Murphy Battista as well as to Perry Gray and Jay Bruler for showing up to support our case, our lawyers and all Veterans in the proposed class. I also thank Andy St Jean , Dan Raposo, Ron Cundell and Perry Gray for putting themselves out there to offer their personal situation for legal scrutiny as evidence that many more of us have been treated with negligence by the government of Canada. I also thank all of you following the trial and the case for your kind words, insightful comments and offers of support!!!

Next Steps: Justice Kane did not commit to a timeline for a decision but promised she would work hard to render a decision. Meanwhile, we all deserve a nice summer break while we cross our fingers and offer a few prayers, meditations, and/or hopeful thoughts that all turns out well. I promise to keep you posted to the best of my ability!!!
Kramer
Kramer
CSAT Member

Number of posts : 582
Location : Where I live
Registration date : 2015-03-19

Back to top Go down

SRB Sean Bruyea Class Action Empty SRB Update day 2

Post by Kramer Wed 08 Jun 2022, 19:48

Hi All. Day 2 of 3 update. What a day!! It's 1120pm and I just finished writing notes on the day for our team. Time to inform the Veteran Community and their families of today's events....

Our lawyer Angela Bespflug with the brilliant support of Janelle O'Connor from Murphy Battista presented for the better part of the morning. Angela laid out very clearly why our case meets all the criteria of a class action.

After morning break, the Government lawyers (3 of them with a paralegal) presented why they think we should not have our case certified as a class action. The Government lawyers opened up with "Veterans deserve the greatest recognition and honour" then followed by why we don't deserve a class action on this case. This was followed by Veterans aren't owed a duty of care nor any duty to inform Veterans or their families of the programs and benefits to which we are entitled.

So, we serve with duty to sacrifice our lives to care for Canada but Canada has no duty to care for Veterans?! Remember that when you hear any empty rhetoric from a government official about how much they respect, honour, are grateful for our sacrifices, etc. etc. etc.
Tomorrow (Wed) is the last day. Government lawyers will talk a storm before lunch. The afternoon should be very interesting as both sides get to make their response to the other side and summarize the case!!!


Kramer
Kramer
CSAT Member

Number of posts : 582
Location : Where I live
Registration date : 2015-03-19

Back to top Go down

SRB Sean Bruyea Class Action Empty SRB Update

Post by Kramer Tue 07 Jun 2022, 15:23

Update

DAY 1 of 3 Certification Hearing: Our legal team led by Angela Bespflug spent the entire day laying out our case as to why this case should be certified as a class action. We had no problem signing into the Court and having seating space thanks to the efforts of our legal team.
Before my brief summary, I want to sincerely thank Perry Gray and Jay Bruler for joining me today. The judge noted our attendance. Such mutual support is key to helping us shoulder the burden of such long and difficult efforts to improve the lives of Veterans and their families. Please come by for an afternoon or morning. We are in the Federal Court House at 90 Sparks Street Ottawa, Room 718. If you can't attend, please feel free to tune in online.
Day 2: Our team will present for half the morning and then the Government will present for the rest of the day.

Day 3: Government will continue for part of the morning and then both sides will respond to each other. This should make for some interesting clash of viewpoints.

Lots of legal detail and facts but Angela's presentation was solid and reflected both a big picture and detailed comprehensive understanding of VAC's programs as they relate to Supplementary Retirement Benefit. Just as impressive was the evidence provided by testimony by VAC senior managers reinforcing our case which includes amongst other elements, that VAC was negligent in failing to fulfill a duty of care to Veterans.

One of the many interesting items of evidence is VAC's acknowledgement of the failure to provide adequate resources and training to ensure Veterans were adequately informed about the extremely complex connection between the many VAC rehabilitation and financial plan aspects. Of course the Judge will have the final say.

Thank you everyone for your kind words and support and here are the links to tune in online and the background material if you haven't seen it. VIDEO LINK: The Zoom Link has apparently been made open so that anyone can see the proceedings. LINKS BELOW

The following information hopefully explains it all: Murphy Battista website on the class action.
https://www.murphybattista.com/.../supplemental.../
Here is a link to the CBC article on the class action.
https://www.cbc.ca/.../veterans-affairs-benefits-lawsuit...

VETERANS OMBUDSMAN REPORT on Supplementary Retirement Benefit: https://ombudsman-veterans.gc.ca/.../supplementary...).

How to see the court hearing online:
Topic: T-1106-20 SEAN BRUYEA v. HER MAJESTY THE QUEEN
Time: Jun 6, 2022 09:30 AM Eastern Time (US and Canada)
Join Zoom Meeting
https://cas-satj.zoom.us/j/66816209589...
Meeting ID: 668 1620 9589
Passcode: 229659
One tap mobile
+16473744685,,66816209589#,,,,*229659# Canada
+16475580588,,66816209589#,,,,*229659# Canada
Dial by your location
+1 647 374 4685 Canada
+1 647 558 0588 Canada
+1 778 907 2071 Canada
+1 204 272 7920 Canada
+1 438 809 7799 Canada
+1 587 328 1099 Canada
+1 613 209 3054 Canada
833 958 1164 Canada Toll-free
833 955 1088 Canada Toll-free
Meeting ID: 668 1620 9589
Passcode: 229659
Find your local number: https://cas-satj.zoom.us/u/gcltIx2jdh
Join by SIP
66816209589@zmca.us
Join by H.323
69.174.57.160 (Canada Toronto)
65.39.152.160 (Canada Vancouver)
Meeting ID: 668 1620 9589
Passcode: 229659
Join by Skype for Business
https://cas-satj.zoom.us/skype/66816209589
Kramer
Kramer
CSAT Member

Number of posts : 582
Location : Where I live
Registration date : 2015-03-19

Back to top Go down

SRB Sean Bruyea Class Action Empty SRB Sean Bruyea Class Action

Post by Kramer Fri 03 Jun 2022, 12:53

FYI

Sean Bruyea
14 hrs  ·
**PLEASE SHARE***  
VETERAN CLASS ACTION LAWSUIT HEARING IN OTTAWA JUNE 6-8, 2022
Our lawsuit alleging that government has failed to inform veterans about benefits has a most important hearing in Ottawa on June 6-8, 2022.
The hearing is to determine whether the case can go forward as a class action to represent thousands of veterans who were not properly informed about benefits.
It is always important to have veterans, serving members, and/or their families sit in the court room at various times to show government and the courts that real people are being affected by negligent administration at Veterans Affairs.
Even if you can attend an afternoon or a morning, with enough people, we can have a constant presence in the courtroom.
If you cannot attend, I have provided a link below to register and login online. You must register at least 15 or 20 minutes prior to the 9:30am start.

***As soon as I have the exact courtroom, I will provide it to you***

The legal team at Murphy Battista have put a lot of time and energy into this case over the past two years. They know their stuff and understand how the system fails veterans and their families far too often. This is their website on the class action.
https://www.murphybattista.com/.../supplemental.../
Here is a link to the CBC article on the class action.
https://www.cbc.ca/.../veterans-affairs-benefits-lawsuit...
How to see the court hearing online:
Topic: T-1106-20 SEAN BRUYEA v. HER MAJESTY THE QUEEN
Time: Jun 6, 2022 09:30 AM Eastern Time (US and Canada)
Join Zoom Meeting
https://cas-satj.zoom.us/j/66816209589...
Meeting ID: 668 1620 9589
Passcode: 229659
One tap mobile
+16473744685,,66816209589#,,,,*229659# Canada
+16475580588,,66816209589#,,,,*229659# Canada
Dial by your location
       +1 647 374 4685 Canada
       +1 647 558 0588 Canada
       +1 778 907 2071 Canada
       +1 204 272 7920 Canada
       +1 438 809 7799 Canada
       +1 587 328 1099 Canada
       +1 613 209 3054 Canada
       833 958 1164 Canada Toll-free
       833 955 1088 Canada Toll-free
Meeting ID: 668 1620 9589
Passcode: 229659
Find your local number: https://cas-satj.zoom.us/u/gcltIx2jdh
Join by SIP
66816209589@zmca.us
Join by H.323
69.174.57.160 (Canada Toronto)
65.39.152.160 (Canada Vancouver)
Meeting ID: 668 1620 9589

Passcode: 229659

Join by Skype for Business
https://cas-satj.zoom.us/skype/66816209589
Kramer
Kramer
CSAT Member

Number of posts : 582
Location : Where I live
Registration date : 2015-03-19

Back to top Go down

SRB Sean Bruyea Class Action Empty Re: SRB Sean Bruyea Class Action

Post by Sponsored content


Sponsored content


Back to top Go down

Back to top

- Similar topics

 
Permissions in this forum:
You cannot reply to topics in this forum