Update from McInnes Cooper

Good Day Peter,

Question

Has anyone been looking for all members of this Class Action?

There are many Widowers, and other Vets that have been out of the loop for awhile. They must know 100% of the people leave no VET behind which should include there better half too.

Chimo

Thanks, for the info guys. It answers many of the questions out there. Do your best and we will do are best to wait without are imagenation getting out of hand

Class Members:

As posted several times, we cannot finalize a resolution, only the Court can. We request that you give us the benefit of the doubt until the terms of a proposed resolution are delivered in accordance with the Federal Court rules. That way you will at least be aware of what we have/have not achieved.

Only the Court can approve a settlement, and you will have Notice of what resolution we propose and why, at least 30 days in advance. We have provided significantly more information than I am aware has ever been provided in a typical class action given our respect and concern for the class, and our desire that we keep you informed as best we can within the confines of the legal process. I am sorry some of you equate silence with bargaining away your rights, but we have been at this for 6 years, always acting in the best interest of the class. We have no interest in achieving anything less that what we believe to be the best resolution we can come to within the context of a court action.

Finally, the Court cannot unilaterally add/subtract to any resolution agreement, the Federal Court Rules provide that the Court can only accept or reject the proposed resolution.

All the best,

Peter

thanks for the update.what i dont understand is why so many are stressing on the outcome of this procedure.since its obviously out of our hands i think sitting back and waiting for final results are our ONLY option here.im anxious as well now to find out what the final decision is but im smart enough to realize its out of my hands.i believe those who are on the front lines of this event have all of our best interests at heart and i for one would like to say thanks to those who have been fighting this for so long.it seems like good things are happening for us all.!!

yes the judge can award damages for any reason he choses ore send it back for any reason.keep in mind class actions are relitivly new in canada and were set up as a deterent i belive their is no real deterant without punishment.thats to say if you steel from someone and get cought you not only have to pay back what you stoled plus interest (and in this case pay for the tax penelties you incure becouse someone stoled your money).they should,and i belive will, have to pay some form of a penelty as a deterant from them every doing this again.
allways question athority
propat

cool, the lawers say its going positive and denis says we will be happy, we must be getting damages that will make all of us happy and a fair rate of interest..... to me that is what positive.... somehow when he sais positive he was just meaning it was moving along .... and when we think positive we thinking the contents are positive not about flow......

Tracker, the judge can award damages, even if not agreed to, if he feels that the defendant has acted in bad faith during the negotiations, which looking from the outside, seems apparent with their unlawful delays of paying the zero sum clients for 5 months after accepting the judges ruling that the clawbacks were illegal. it was a blatant bargaining tool to force our legal team to accept a lesser deal in order to start those payments.

OK, I was just thinking of how in the Navy, during damage control drills, sitreps had to be provided to command at key points of repair, 25%, 50% etc. We didn't have to report what steps had been taken or what had left to be done, just the percentage. So my question to Peter is, at what percent would he say the talks are at, honestly. If the majority of components are agreed to, but there may be one or two sticky points being finagled, then it could be 95-99% complete. Surely this type of dialogue would not violate the gag order any more than you saying things are positive. You see, the term positive is a subjective term. What you may think as positive as a lawyer, us disabled Veterans could see it as a slap in the face, especially since we don't know if the their previous proposals would have been a kick to the groin. But numbers, if being provided honestly, are not subjective. If you say the talks are 95% complete, then they are 95% complete, regardless of what is contained in the agreement.

You have likely seen that many on here feel that the deal is already finalized, myself included, and that because of the blackout, you are prevented from saying so. But if they are not finalized, as you have stated, then how close are they?

Can anyone with some legal knowledge help me with a hypothetical situation?

If a request for damages has been bargained away in order to get cheques out to people faster, can the judge still award them or would the defendant be able to turn around and say that the prosecution said they would be asking for them?... Hypotheticaly of course.

I know this is an extremely stressful event for everyone but we have to remember one very important detail. We are dealing with the Government of Canada!
Or as I like to refer to them...The Bureaucratic Machine That Controls Democracy and All Things Right.

Yes this is Teentitan's opinion...civilians who make insane policies, rules and process' for situations just like this.


If the lawsuit misses one step on the Bureaucatric Game of Snakes and Ladders they will not think twice about sending us all back to the beginning of the game. It justifies their job.

So as much as we want them to push this forward I'm sorry guys they aren't going to do it...and Peter sympathisizes with our situation and does not like it either.

So seeing as we are not going to get any new info until the December court date may I suggest taking this downtime to stay away from the CSAT, or at least minimize your time over the next month?

Peep, this whole legal process has been the most stressful solution to this sisip, claw back, problem possible.

I can't think of a more complicated and shadowy settlement process.

In consideration, of who, most of the Clients are, and their medical conditions,

You would have thought the people in control of these procedures would have given more weight to the effects of a long drawn out process on the well being of their clients.I am refering to DND Gov and SISIP.

My hope peeps is if we all decide to support each other,
And if we reach out for support, we can come through this with a much closer and stronger Veterans Support Group.

Cheers.

With only a hand full of Vet's now started, and only 5 weeks left to final settlement, I do not know how I can not be stressed.

Am I going to be started, and if not why...is not just my concern, but nearly all of us.

You have my trust, but the uncertainty is having a huge negative effect on me.

Peter this settlement process has more twist, turns and back alleys than an Agatha Christie mystery novel.

We waited 10 days from the last meeting to be too told, and I quote "the discussions, they are very positive".
Which give us no actionable information?

Peter, six months have passed and we know no more now of the proposed final resolution than we did five months ago.

As I can see from the client re-instatement agreement, it has been clearly made manifest within the following two weeks that the re-instatement agreement has many loop holes built into it in favor of sisip and not the sisip client.
I’m afraid not many Veterans can take their re-instatement for granted.

If the final proposal agreement is agreed to, then why not release this to the class.
I'm afraid releasing this agreement so close to Christmas
could have the effect of causing some clients to suffer even more than necessary.
I certainly don't want to spend my Christmas writing negative letters to the
Federal legal counsel.

I suggest you talk it over with the DOJ, GOV, and Mr. Barnes
to have this proposal released no later than the 19th of November.
This would give the class members time to write letters now, rather than during the most sacred time of the year for most class members.

If the proposed agreement is such that we as class members are in general agreement, then I would surmise that would go a long way in relieving the stress that has been built up over the recent months. And allow the class to have a very Merry Christmas indeed.

Cheers.
John.

With all due respect to DOJ, GOV, SISIP, Mr. Barnes, and McInnis Cooper.

Thanks for the update Peter but I am curious as to what is going to be in this proposed resolution we are all anxiously awaiting for. Are the retro amounts in it for each individual?? What exactly will we be deciding on? I guess it's not us deciding on as it's pretty much already decided on... Can anyone advise me...thanking you in advance..I truly feel we will be pleased with the entire outcome..Cheers Class.

They don't want us to have a say in this matter. Its has already been settled it just a matter of timing now. And they dont care if 25% or more of the class dont have a voice there not even looking for them. Yes wait wait wait for what find them now. That is why there is as gag order and or blackout. If this class action real care about the troops they would be finding them now not after the facts or not find them at all better for the GoC.

They say want they think they want us to know and no more and as for the rest of the VETS, Wifes , better half who cares about them hey.

LEAVE NO VET BEHIND WHAT A JOKE