Class Action Suit against NVC & "Govt has no obligation to soldiers"

[cowboy628]

So has anyone hearing a date for the case to be opens again, other than the end of summer holidays?

 

[Lightguns]

http://globalnews.ca/news/2917363/lawyer-for-veterans-says-liberals-not-living-up-to-election-promise/?sf34947077=1

The thing the low info voters don't understand is that the government is always the same government regardless of which political sorority is voted to head the government.  Bureaucrats rule government, when they are not allowed too, they turn on government; leaks of embarrassing info, slow program development, strikes, and outright sabotage.  So the bureaucrats don't support the vets as a policy.

 

[The Bread Guy]

So the bureaucrats don't support the vets as a policy.

Which is why it's up to the politicians to make the decision to spend the money needed to get bureaucrats to do what the politicians think is right.  Yeah, I know about "Yes, Minister" ways to slow things down, but if the elected body politic decided to spend what's needed on vets, it would happen.  Methinks government of ANY stripe is worried about this because of the massive $ it could cost, money that couldn't be spent on other proimses.

I understand this government seems sincere in seeking input from those in the know about how the system should change (and wouldn't mind hearing from anyone more in the know if there's anything new to share on this front), but when it comes time to govern and decide, we'll see what the priority is.

 

[Wookilar]

Morally, I think it stinks. But I may be biased  [

However, fiduciary-ily speaking, as the government of the day, I don't think they really have a choice. If this goes through, it is going to cost the country $billions over time for a relatively small portion of the populace. As Lightguns says above, the exec level runs the show and this may be being done just to appease a very influential group who's main priority is protecting the public purse from anything they do not "value."

How the rest of the country values the contributions of vets, as a group, is key here. If enough people actually complained about the resistance to the lawsuit, it might be dropped, but I am going to guess that not many Joe and Jane Canuck either: a) know about it; or b) care about it. Most people are far more worried about the price of bread and gas than they are about some Army guy (who they feel bad for) getting only $75,000 lump sum instead of a monthly pension.

 

[Teager]

The Equitas Society had a fund raising dinner the other night and did very well.

For those without Facebook this comes from Aaron Bedard who is a plaintiff with what sounds like good news to come.

Results of the Equitas Fundraiser is we've made another $10k at last nights dinner on top of the $1k I raised with tshirts on 11.11. This has been an excellent 11.11. I'm not hung over. I'm not out of control in any way. Wife's coming back from visiting moms and dinners cookin. We can now start getting excited about Christmas and winter pursuits and hobbies.
I just got some major important news from our lawyer Don that felt like a mountain lifted off my head. I'll announce it as soon as I'm allowed.

 

[brihard]

Aaron's been a friend of mine for a bit over a year now. He really gives everything he's got to this, and I can't believe the tenacity he shows.

He announced today that Don Sorokin, the lead counsel, will be staying with this one case, despite retirement. They have also added a new lawyer to the team, one Andrew Hentz, recently called to the bar, previously an RCR officer with two Kandahar tours. Someone who gets it.

Last I talked with Aaron, they expect a ruling soon that will allow the case to go to trial. Still a long haul ahead, but the team is staying strong.

 

[Teager]

Thought I would put this here for those that don't have Facebook this comes from the Equitas FB page.

Re: O'Toole unveils vets platform, breaks from Harper policy on pension lawsuit/question
The Agreement provided that the federal government would drop their appeal, specifically it stated:
(a)The Defendant will, with the consent of the Plaintiffs/Respondents, abandon the appeal in Court of Appeal File No: CA041232 on a without costs basis or, if necessary, seek leave to abandon the appeal with the consent of the Plaintiffs without costs to any Party;
However, the Abeyance Agreement did not require us to drop the litigation. When advised of the "appeal abandonment" provision in the Abeyance Agreement, the Court of Appeal was of the view that if the litigation were to continue before the trial court after the abeyance period expired (on May 15, 2016) the constitutional issues argued before the court would have to be decided in that court proceeding anyway. In these circumstances (where there was no settlement of the whole action) it made more sense for the Court of Appeal to render its decision on those constitutional issues. .
It should be remembered that, based upon the conciliatory approach adopted by Minister O'Toole and the statements in Parliament by senior representatives of all parties, it was reasonably anticipated that the entire lawsuit could be resolved.
The Court of Appeal's refusal to permit the abandonment of the appeal by the Federal Government should not be interpreted as an endorsement of what the present Minister has done when his counsel invited the Court of Appeal to render judgment on the basis of the "Fantino Position" as argued in December of 2014 without advising the Court of the changed positions of the Government and Parliament as reflected in amendments to the legislation, the "Social Covenant" resolution of Parliament and the positions of all political parties as stated in Parliament and during the election campaign.
DONALD J. SOROCHAN, Q.C.
Counsel
Miller Thomson LLP
Robson Court, 1000-840 Howe Street
Vancouver, British Columbia V6Z 2M1
Direct Line: +1 604.643.1214
Cell: +1 604.488.4731
Fax: +1 604.643.1200
Email: [email protected]
millerthomson.com

 

[Rifleman62]

Class Action Suit against NVC & "Govt has no obligation to soldiers"

http://www.cbc.ca/news/politics/liberals-forgive-student-loans-again-1.3982728

For the second year in a row the federal government is writing off millions in student loans it will never collect, this time to the tune of $178.4 million.

The money represents 32,554 loans that federal officials believe they will never be able to collect, either because a debtor may have filed for bankruptcy, the debt itself has passed a six-year legal limit on collection, or the debtor can't be found.

Last year, the government wrote off 33,967 loans totalling $176 million.

Meanwhile, over at VAC sloooowly fighting tooth and nail each file ..................

 

[cowboy628]

So is the class action still on going? Haven't seen an update or even a comment!

cowboy628

 

[Teager]

They are still waiting on the Judges decision. Until then nothing can move forward. Here is an interview that was recently done with the President of Equitas society and the Veterans lawyer Don Sorochan.

https://omny.fm/shows/the-jon-mccomb-show/veteran-advocacy-group-not-happy-with-federal-budg#sharing

Also check out the Equitas website it has been updated.

http://www.equitassociety.ca

 

[cowboy628]

Thx. It was thought a decision you come early in the new year. Guess that was a little optimistic.
cowboy628

 

[Rifleman62]

Don't know if the Equitas Society sponsored or endorsed this event or not. Anyone know the status of the Equitas Society action?

http://bc.ctvnews.ca/veterans-group-suing-government-over-pension-promise-1.3633478

Veterans group suing government over pension promise - CTV Vancouver - October 15, 2017

Dozens of injured veterans and their supporters gathered in Burnaby’s Central Park on Sunday to raise money for their ongoing legal battle with the federal government.

The event - Equitas Society’s first-ever Walk for Veterans - aims to defray the cost of the society’s class-action lawsuit, which seeks to reinstate lifetime pensions for veterans injured in the line of duty.

In 2005, the federal government replaced the pension plan for injured soldiers with a lump sum payment worth a maximum of $360,000 - an amount Equitas Society president Mark Burchell says isn’t enough for people who risked their lives for their country.

“It’s substantially lower than what the pension act offered,” Burchell said of the current system. “Prime Minister Trudeau, when he was running for election in 2015, promised to reinstate lifelong pensions and he hasn’t kept that promise, so we’re here to send him a message.”

Aaron Bedard was among those walking on Sunday. He was injured in Kandahar, Afghanistan in 2006, during one of Canada’s earliest missions in the country.
He told CTV News he sustained brain and spine injuries during his tour, and has spent the better part of a decade going to medical assessments and filling out government forms in order to obtain compensation.

“Veterans Affairs Canada and Department of National Defence didn’t do a great job of managing my issues and giving me a proper treatment plan,” Bedard said. “I need to see better security - lifelong security in the form of a pension.”

The Trudeau government has said that it will soon introduce a new pension “option” soon. Veterans Affairs didn’t respond to requests for comment on Sunday.
Conservative MP John Brassard, who recently served as his party’s critic for veterans affairs, said the Trudeau government has not kept its promise on pensions.

“They’re now changing their tune,” he said. “They’re talking about an option of a lifelong pension and nobody really knows what that means. The Prime Minister made it very clear he was going to return life long pensions and he hasn’t done that at this point.”

With files from CTV Vancouver’s Scott Roberts


https://www.bclocalnews.com/news/video-canadian-veterans-fight-to-reinstate-lifelong-pensions/

VIDEO: Canadian veterans fight to reinstate lifelong pensions - Oct 15th, 2017
The battle has gone all the way to the to the Supreme Court (of British Columbia)

Burnaby’s Central Park was packed with people on Sunday morning, all there with one goal: to bring back lifelong pensions for veterans.

The event, the inaugural Walk for Veterans, was hosted by the Equitas Society.

Since its formation in 2012, the South Surrey-White Rock based group has been advocating for the cause through a class-action lawsuit against the federal government.

The Pension Act, which guarantto the Supreme Courteed lifelong pensions for veterans, was replaced by the New Veterans Charter in 2006.

“It replaced [lifelong pensions] with lump sum payments that ended up being disproportionally lower,” said president Marc Burchell.

Burchell said that although Prime Minister Justin Trudeau made a pledge to reinstate the lifelong pensions, the lack of action has left veterans feeling betrayed.

“He has failed to keep that promise,” said Burchell.

Currently, the Canadian government is fighting the lawsuit in the B.C. Supreme Court of Appeals. If it fails to get the result it wants, it must take it to the country’s top court.

The lawsuit has six plaintiffs, including Coquitlam veteran Aaron Bedard.

Bedard served in Afghanistan as part of the first combat tour of Kandahar. He served for 10 years, from 2002-2010, despite a serious injury from going over an anti-tank mine just three months in.

“I hid my injuries and carried on with a traumatic brain injury and damage to my spine,” said Bedard. He returned to Canada in 2007 and was went to doctor to doctor, but received little help.

“I started developing post-traumatic stress disorder.”

It took three years before he was released from service but according to Bedard, much of the fight remained ahead.

“Dealing with Veterans Affairs Canada was immediately adversarial,” said Bedard. He learned that he would only be getting a lump sum, which in 2010 was only $250,000.

It’s a common thread, said Burchell, that’s not helped by what he calls Veteran Affairs’ “culture of denial.”

“These men and women come back from Afghanistan and a lot of them are suffering from PTSD,” said Burchell. “They’ve been fighting [for pensions] but it’s hard for the to fight when they’re suffering from this disability.”

To learn more about the Equitas Society, visit their website: http://www.equitassociety.ca/

 

[brihard]

Don't know if the Equitas Society sponsored or endorsed this event or not. Anyone know the status of the Equitas Society action?

I know Aaron Bedard and Brian McKenna pretty well and talk with them semi regularly. This was an official Equitas event.

Right now they're still awaiting what is fast becoming a long overdue decision in BC court. The decision was expected many months ago, and will determine whether the matter can go to trial or not. They are expecting a favourable decision, but obviously anything can happen in court. There's still a long road ahead of them.

 

[cowboy628]

Well PM just spent another 31.5 mil. Who ever is in charge of the court action better get there as- in gear before the Libs spend it all.

 

[brihard]

BC Court of Appeal announced today that their decision will be issued Monday December 4th. My understanding from Aaron is that this will be the decision that decides if the matter can go to trial or not.

Not done by a long shot, but this decision will be an important one. Separately, a fed gov announcement on the disability pension restoration is ‘imminent’, so I predict we have an interesting week coming.

 

[cowboy628]

So who will get the news out first, Libs or BC Court. What 1100hrs in BC is what In Ottawa 1400hrs.

 

[cowboy628]

Hey guys has anyone heard the Decision yet. Or is it still to early.

 

[Strike]

http://www.ctvnews.ca/politics/court-rules-against-injured-vets-in-fight-for-pensions-1.3706344

Court ruled against the vets.

 

[jollyjacktar]

That is a shame but not surprising to read for me.  Promises are made in the heat of campaigning for office that those who make them have little or no intention of honouring once they get your vote.

 

[Journeyman]

Promises are made in the heat of campaigning for office that those who make them have little or no intention of honouring once they get your vote.

Reinstating the lifelong pensions was part of the Liberal party platform, rather than any individuals making rash promises.  Rather than this being yet another issue "not being pursued," it appears that they've actively been fighting against making the change since being elected.