Author Topic: SISIP LTD Class Action settled (and follow-up on claw-back)  (Read 236791 times)

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Court hearing date set next month in Halifax
« Reply #275 on: January 29, 2013, 20:00:43 »
Latest from the Federal Court:
Quote
T-463-07; DENNIS MANUGE v. HMQ Federal Court Hearing will take place at the World Trade and Convention Centre, 1800 Argyle Street, Halifax, NS on February 14 and 15, 2013 at 10:00 a.m.
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Offline Nemo888

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Re: SISIP LTD Class Action settled (and follow-up on claw-back)
« Reply #276 on: January 31, 2013, 18:18:55 »
Slightly off topic but 100% LTD related.

When you are receiving LTD in the first 2 years of your rehab before you can get VAC voc rehab are you eligible for the earnings loss benefit and the 40k per year minimum?

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Re: SISIP LTD Class Action settled (and follow-up on claw-back)
« Reply #277 on: February 13, 2013, 15:34:14 »
This just out from the Minister of Defence on how much the lawyers'll get....
Quote
“Our Government has enormous respect for the men and women who have sacrificed in service of their country. Government officials have concluded discussions with the class’ legal team to come to an agreement in principle in the class action of Dennis Manuge v. Her Majesty the Queen regarding the offset of Pension Act disability benefits from the Service Income Security Insurance LTD Plan (SISIP). The current estimated value of the settlement is approximately $887.8 million.

Obviously, in settling the case, we expect that as much of that settlement as possible reaches its intended beneficiaries, the veterans themselves. The Crown informed the judge that the Government of Canada will oppose the amount of legal fees ($66.6M) being sought by class members as excessive and unreasonable. Class counsel are entitled to recover reasonable legal fees for their work; however, the legal fees sought, which equates to a top hourly rate of $13,487.50, are so far beyond what can be characterized as reasonable as to be grossly excessive.

The Crown has filed submissions oppose the amount of legal fees that are being sought by class counsel on the basis that they are excessive. The issue of legal fees for class counsel was not part of the settlement agreement and will be decided separately by the Court. Our government continues to reflect and improve upon its programs dedicated to supporting Canada’s ill and injured military personnel and veterans, and to provide the care that our personnel and their families deserve.”
“Most great military blunders stem from the good intentions of some high-ranking buffoon ...” – George MacDonald Fraser, "The Sheik and the Dustbin"

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Re: SISIP LTD Class Action settled (and follow-up on claw-back)
« Reply #278 on: February 13, 2013, 15:46:26 »
In fairness, the proposed amount for legal fees was discussed in detail in the notice to class members approved by the Court.  Details were also posted online, here: http://leavenovetbehind.ca/proposed_agreement

It's not like the lawyers were keeping the proposed fee (which has to be approved by the Court) a secret.

The Government fought this claim all the way to the Supreme Court of Canada on certification, and then on the merits.  Their claim that they are now concerned for the rights of veterans is, frankly, ballsy BS at this point.  A desperate attempt at seeking some good optics at the end of the process.

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Re: SISIP LTD Class Action settled (and follow-up on claw-back)
« Reply #279 on: February 13, 2013, 16:06:32 »
In fairness, the proposed amount for legal fees was discussed in detail in the notice to class members approved by the Court.  Details were also posted online, here: http://leavenovetbehind.ca/proposed_agreement

It's not like the lawyers were keeping the proposed fee (which has to be approved by the Court) a secret.

The Government fought this claim all the way to the Supreme Court of Canada on certification, and then on the merits.  Their claim that they are now concerned for the rights of veterans is, frankly, ballsy BS at this point.  A desperate attempt at seeking some good optics at the end of the process.
Or to hang on just a liiiiiiiiiiiiiiiiiiiiiiitle bit longer?

How cynical of me ....
“Most great military blunders stem from the good intentions of some high-ranking buffoon ...” – George MacDonald Fraser, "The Sheik and the Dustbin"

The words I share here are my own, not those of anyone else or anybody I may be affiliated with.

Tony Prudori
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Offline BeyondTheNow

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Re: SISIP LTD Class Action settled (and follow-up on claw-back)
« Reply #280 on: February 15, 2013, 01:08:10 »
Veterans relieved
CBC News
Last Updated: Feb 14, 2013 8:55 PM ET

http://www.cbc.ca/news/canada/nova-scotia/story/2013/02/14/ns-disabled-vet-clawback-hearing-day-1.html

"Veterans have fought and won a six-year battle to get money for comrades who have been disabled in a conflict zone or at home. CBC

Alisa Sellar, whose husband is a veteran who suffers from MS, says the settlement will change her family's life. CBC

Dennis Manuge, the lead plantiff in a class-action lawsuit against the federal government, is a former mechanic who was injured in 2003. CBC

An almost $900-million class-action settlement over the clawback of military pensions is expected to be completed over the next two days in Halifax.

On Thursday, dozens of the 7,500 disabled veterans involved in the suit attended a hearing, which is the last step in the Federal Court process that has taken more than six years.

Many people at the hearing said they are relived the ordeal will soon be over.

The veterans sued the federal government because their long-term disability benefits were being reduced by the amount of their disability pensions, with some of the most gravely injured not receiving any of their pension.

Veterans have been complaining about the clawback of various benefits since the new Veterans Charter was introduced in 2006.

Alisa Sellar, whose husband is a veteran with multiple sclerosis, said this deal will finally give her family their life back.

"We don't have to sell our house anymore is what this means," she said.

"And my husband is very, very happy because he doesn't have to worry about me and the kids. He's been in a nursing home for six years. He's had MS for 25 years. His main concern is us and this to him means he won't have to worry about us anymore."

The lead plaintiff in the case is Dennis Manuge, a former solider who was injured in 2003. He has fought in the courts for more than six years to get money for veterans who have been disabled in a conflict zone or at home..."

(Cont'd in link...)

« Last Edit: February 15, 2013, 01:11:53 by BeyondTheNow »
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Federal Court approves deal
« Reply #281 on: April 04, 2013, 17:05:51 »
From the Federal Court of Canada:
Quote
The Federal Court approves a negotiated settlement of a class action brought on behalf of former members of the Canadian Forces.

(....)

The Court approves the proposed settlement finding that it represents a fair and reasonable compromise that is in the best interests of the class as a whole. With respect to the request made by counsel for the class to approve their claim to legal fees, the Court approves legal fees in an amount equal to 8% of the retroactive refunds payable to class beneficiaries. This figure is approximately 4% of the total value of the settlement ....
Summary, Docket: T-463-07, 4 Apr 13

Reasons for decision here or attached
“Most great military blunders stem from the good intentions of some high-ranking buffoon ...” – George MacDonald Fraser, "The Sheik and the Dustbin"

The words I share here are my own, not those of anyone else or anybody I may be affiliated with.

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Re: SISIP LTD Class Action settled (and follow-up on claw-back)
« Reply #282 on: September 16, 2013, 10:53:40 »
Folks:

I'm advocating for a Veteran in BC, who's ex was financially abusing him. Since their divorse, several years ago, it appears she has been tracking the SISIP class action and has initiated an action against this veteran with the hopes of getting a share of the prospective SISIP monies.

I am asking for any insight, links, legislation or experience with BC Divorce act, or any national act that protects veterans in this situation (i.e. protection of funds as a result of service disability, from an ex). I know I had read a statute on this before, but I cannot locate it.

Your assistance is appreciated.




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Re: SISIP LTD Class Action settled (and follow-up on claw-back)
« Reply #283 on: October 10, 2013, 23:54:12 »
Hope you have received a response offline sooner, but for information purposes this is covered under clause 85(1) of the the Family Law Act in BC (each province is somewhat different) at http://canlii.ca/en/bc/laws/stat/sbc-2011-c-25/latest/part-6/sbc-2011-c-25-part-6.html.  There is also a good summation of exceptions and variety in application on pension.ca at http://www.pension.ca/Disability%20Benefits%20&%20FL.pdf.  This page also provides examples of some court decisions that may be of help.

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Re: SISIP LTD Class Action settled (and follow-up on claw-back)
« Reply #284 on: July 03, 2014, 19:53:47 »
Bump with the very latest ....
Quote
A Federal Court judge has approved a $38.6-million settlement for Canadian military veterans with disabilities who won a lawsuit with Ottawa last year, lawyers for the veterans said Thursday.

The veterans were originally awarded $887.8-million over the long-standing federal practice of clawing back the military pensions of injured soldiers by the amount of disability payments they received.

The latest amount approved was for a settlement on the cost of living provisions in that agreement.

The lawyers for the veterans said they found a miscalculation in the way the federal government determined the cost of living allowance for military veterans.

The original class action was initiated in March 2007 on behalf of representative plaintiff Dennis Manuge and other disabled Canadian Forces veterans affected by the clawbacks.

The lawsuit started with 8,000 people, but the $38.6-million settlement includes another 6,000 veterans who were not subject to a wrongful offset of their benefits, but whose cost of living allowances were also miscalculated ....
“Most great military blunders stem from the good intentions of some high-ranking buffoon ...” – George MacDonald Fraser, "The Sheik and the Dustbin"

The words I share here are my own, not those of anyone else or anybody I may be affiliated with.

Tony Prudori
MILNEWS.ca - Twitter