Author Topic: Earning Loss Replacement/ War Pensioner Allowance Retro-activity Class Action  (Read 11985 times)

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Sylvain Chartrand CD

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CVA Situation Report - Earning Loss Replacement/ War Pensioner Allowance Retro-activity Class Action Suit

Sit rep. Over the past year, the CVA has been steadfast in seeking equitable resolution on the issue of retroactivity for those who are covered by the War Pensioners Allowance or Bill C-55’s Earning Loss Benefits programs.

To the government’s credit, the Manuge case principles of non inclusion of VAC Pain and Suffering awards were applied to the ELB and, earlier this year, legislated into effect for those who are supported finically through the War Pensioners Act provisions.

The government has ceased deducting these awards in ELB/WPA financial determinations yet has yet to honour the retro-activity protocols accorded to the thousands of veterans affected by the Manuge - SISIP case Retro-activity.

This is, of course, not acceptable and is in direct of the One Veteran, One Standard principles the Canadian Veterans Advocacy has been created to foster. Accordingly, we have engaged with a prominent legal practice to seek resolution through the courts if necessary and are requesting all veterans affected by the unjust policy to contact the Canadian Veterans Advocacy with all due haste.

Your testimony is vital to our success. We merely need your name, contact information and a brief synopsis of how long you have been affected by the respective program clawback and in general figures, if you wish, how much you think you are owed.

The time for action is now, the decision on the ELB/WPA has taken far to long to be delivered, we must prepare for the fact that this prolonged and unnecessary delay signifies denial may very well be the option the government has taken.

Adapt, overcome, prevail.

The CVA will not Pass the Fault. The Sacred Obligation will be restored!

To all veterans, young and old.

Please give this missive maximum dissemination, particularly to those who are, by definitions, older and surviving on the War Pensioners Act provisions. ELB retro-activity will only be few years when the program was implemented, those who are on WPA may very well be entitled to a substantial sum if the date back on retro-activity matches the SISIP decision. Please print off a copy for those not on internet.

Step up, do your part in ensuring this message reaches out to those effected through your social networks and personal friendships. There may be a mêlée looming, we are in the Prepare for Battle zone.

Pro Patria Semper Fidelis

Michael L Blais CD
President/Founder, Canadian Veterans Advocacy

Mike Blais

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CVA Situation Report – Update - Earnings Loss Benefits – Retro activity - legal action.

Be advised that the law firm of Col -ret- Michel Drapeau OMM CD has formally agreed to represent a veteran in reference to the claw back of his VAC pain and suffering pension with the Earnings Loss Benefit provisions and the monies that were deducted prior to the period when the government ended this unjust practice. In June, 2012, the Harper government responded to the Manuge SISIP decision by ceasing the deductions of VAC pain and suffering monthly pensions for those supported through the Earnings Loss benefit, War Pensioners Allowance and Canadian Forces Income Support Benefit.

While the focus of the potential legal action is related to the ELB retro-activity, this initiative will have an impact on the WPA and CFISB as all programs have been included within the harmonization pledge and deductions have ceased. The Canadian Veterans Advocacy has been provided permission to assist in the PRELIMINARY PHASE and we are encouraging all veterans who are supported under the Earnings Loss Benefits program who have suffered the financial burden of this claw back to contact Michael L Blais CD, CVA, so that I might ensure that you are duly noted. Should legal actions be necessary, we will have accumulated a formidable data base of registered veterans to provide to Colonel Drapeau’s law firm.

I reiterate, we are the preliminary phase, clarification has been sought from the ministry and their will be a lag in response time as parliament is not in session and the decision involves the treasury department and other elevated government entities.

 Adapt, overcome, prevail. We will take advantage of this lull and focus on establishing a strong foundation for a potential class action suit  I would encourage you to send this message to anyone that you know who is on the ELB, the War Pensioners Allowance and the Canadian Forces Income Support benefit.

The Canadian Veterans Advocacy has been founded on the principle of One Veteran, One Standard. Dennis Manuge and his legal team set the standard for the thousands of veterans affected by the SISIP claw back, the government has pledged to harmonize and the CVA will continue fight on as many levels as necessary to ensure their are no 2ND CLASS VETERANS in this nation, that we are all treated equally and with all due respect for the sacrifice that we have made on behalf of this nation.



Michael L Blais CD
Canadian Veterans Advocacy 
6618 Harper Drive Niagara Falls Ontario l2e 7k6

Pro Patria Semper Fidelis

Michael L Blais CD

President - Founder Canadian Veterans Advocacy
6618 Harper Drive, Niagara Falls, Ontario
905-359-9247  /// hm 905-357-3306


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My name is Leonard Stephen Oldrich. I live in Edmonton, Alberta. As for the amount considered owed, I have no idea. I just thought I would reply to your missive to make contact. Not sure if you can find out if I qualify or what the amount would be.
Thank you for your time.


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Ottawa facing new war with veterans over benefit claw-back compensation
« Reply #3 on: February 01, 2015, 08:25:48 PM »
Ottawa facing new war with veterans over benefit claw-back compensation

Murray Brewster, The Canadian Press
Published Thursday, January 23, 2014 5:22PM EST
Last Updated Thursday, January 23, 2014 5:23PM EST

OTTAWA -- Canada's veterans ombudsman and the Royal Canadian Legion are calling on the Harper government to say once and for all whether it will retroactively compensate ex-soldiers whose pensions and benefits were unfairly clawed back.

Veterans Affairs Canada has been silent about whether it will follow National Defence and reimburse those whose earnings loss benefits, income supplements and war veterans allowance cheques were improperly docked.

In May 2012, a Federal Court justice ruled that the federal government was wrong to claw back the military pensions of injured soldiers by the amount of disability payments they received.

Former defence minister Peter MacKay ended the deduction and federal lawyers negotiated an $887-million retroactive settlement dating back to 1976, when the process first started.

Former veterans minister Steven Blaney also ended the practice for programs in his department, but his successor has yet to open discussions about compensation for what was deducted prior to the decision.

Ottawa military lawyer Michel Drapeau has written to the new minister, Julian Fantino, on behalf of an ex-soldier whose benefit cheque was deducted and says he's prepared to launch legal action, perhaps even in the form of a class action.

"We truly hope government will live up to its promises," Drapeau said in an interview Thursday.

Fantino's response to Drapeau's Dec. 18 letter was non-committal.

Veterans ombudsman Guy Parent said he's been bombarded with calls and messages from ex-soldiers and wants to see the uncertainty ended.

The mechanics of the legislation governing veterans and the resulting obligations of the government are slightly different when compared with the military disability pension case, the ombudsman noted.

"Veterans need to get an answer," Parent said. "If they're not going to give retroactivity, then say it."

His sentiment is echoed by the Royal Canadian Legion, which says the Harper government has poured millions of dollars into commemorative events, such as the War of 1812, while issues like the benefit back payment have lingered.

"They need to make a decision on retroactivity," said Andrea Siew, the legion's director of services. "Veterans need to know. They have a right to know and then they can decide where they go from here. And they need to make a fair decision."

Joshua Zanin, a spokesman for Fantino, said the issue is still on the government's agenda, but noted that -- unlike in the case of National Defence -- the veterans department was not compelled by the courts to halt the clawback.

"Our government voluntarily decided to cease the deductions as an additional action to recognize the sacrifices of Canada's veterans," Zanin said in an email.

He referenced comments by the minister last fall when the government ordered a comprehensive review of the charter governing veterans benefits, casting the issue of back payments as something they're not obliged to pay.

"Our government is committed to looking into the call of veterans for this additional benefit and will respond in a timely fashion," he said.

How much a retroactive settlement would cost the government is unclear, and Siew said it would depend on how broad the terms might be.

For example, it could become expensive and complicated if the war veterans allowance is included. That monthly payment -- to soldiers and their surviving spouses -- dates back to the Second World War.

"How far do they go back? Do they pay estates? Those are some of the challenges," Siew said.

Both the ombudsman and the legion are also united when it comes to a class-action lawsuit launched by members of the RCMP over clawbacks to their disability benefits.

They say Mounties shouldn't have to fight for benefits when a precedent has already been established by the Federal Court in the case of the military.

It's time to undertake a study of what all veterans -- military and RCMP, past and present -- are owed, Drapeau said.

"Veterans are veterans, and if we owe them, it doesn't matter if have to go back to 1940. A debt is debt is a debt, and a promise is a promise is a promise."

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