ASKED TO PUT COMMENTS ALL TOGETHER IN ONE POST SO HERE IT IS ...FRIDAY FINAL DAY OF PROCEEDINGS HALIFAX

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ASKED TO PUT COMMENTS ALL TOGETHER IN ONE POST SO HERE IT IS ...FRIDAY FINAL DAY OF PROCEEDINGS HALIFAX

Post by Guest on Fri 15 Feb 2013, 13:30

Friday Final Day of Proceedings Halifax

Both sides presented to Justice Barnes this morning and in principle, both sides are mutually in agreement that proposal is fair, impartial and generous. Crown proposed a reduction of legal fees which we did expect of course, however Crown declined to give an appropriate amount that Feds felt would be agreeable and left it in the hands of Justice Barnes to make that determination.

In my opinion, I believe the fees will be lowered by the Justice however to what end is only a guess on my part.

Justice Barnes in closing of proceedings concluded that he will have a decision within "weeks, not months" however explained to class that it has to be announced in both official languages and therefore "it will take 2-3 weeks to be translated in Ottawa". Justice Barnes will have his answer within a week however he can not make the official announcement until such time as the translation in both languages is completed.

As well, both the sides confirmed that there is a 6 month turn over in which monies would be in the pockets of veterans.

One item I was remiss in stating yesterday is that a letter will be forthcoming from McInnes Copper to include with our income taxes for 2013 which instructs CRA to do the calculations in both formulas as "deemed taxes" spread over the entire years or to calculate all in one year and use which is most beneficial for the taxed person. Therefore, as clients we will won't need try and determine which route is better for our taxes it will be done by CRA.



Also I want to confirm to csat that I originally requested in my letter to Justice Barnes to cap legal fees to 25 million and/or 10% however once listening to Mr. Ward Branch submissions to the court in regards to risk, precedences and due deligence, I support the fees structure as outlined by legal team.

My determination is as I stated, an excellent representation from legal. As well, regardless of how we feel about the GoC, they did treat us fairly once they knew they could not appeal. They were never obligated to pay damages based on precedance and case law. In terms of legal fees, again, no legislation to make them do so. They did instead work with legal for the proxy regarding the Education Fund. We have to remember that it may not help present vets and families but it is something that will help future vets and their families.
There were alot of concessions made by the GoC in particular going back to include June 1976 and going forward. GoC did not have to do that. Yes they fought tooth and nail to get it appealed but once Justice Barnes denied the appeal the GoC came to the table in good faith. This was stated by both parties and the Justice. So my take is this. I think Justice Barnes will drop the legal fee percentage a bit. How much I don't know he has to do case law jurisprudence to make this decision. Justice Barnes want this case finalized as soon as possible for all veterans. Justice does not want to see this get rejected and go to trial due to risk and additional time that veterans will be without funds. So in my humble opinion and those veterans that were present to listen and be informed this was an excellent representation by our legal team and we are going to need to accept this. Remember no Vet will be left behind because there will be an independant impartial administratvie adjudicator to work strictly with vets who want to appeal or have issues with calculations from sisip. It will be paid by legal not us. In turn as mentioned there will be an independant overseer named Deloit who will look over sisips shoulders and report back to the legal and insure all is going accordingly. It is important to note that neither administrative reps will be answering to any government figure heads so no conflict of interest. Hope this helps clairify.

Justice said weeks, not months for the announcement officially...As recalled he said he has other commitments on his agenda and needs the time to research. But yes, he will make his decision with a week or two but then he indicated that it will have to be announced in both official languages and therefore will take 2-3 additional weeks as Ottawa translates maybe 2 pages a day if I recall what was said this morning.


The Education Fund came into action because legal could not get damages from the Feds because it was legally not possible in any fashion whatsoever and this was the best they could do with the Crown. This was stated by both sides and the Justice concurred. I accept that damages were not ever on the table legally and therefore the Education Fund is what it is a proxy and something that is available for current and future vets. I chose to look at it for what it is.

My opinions are based on facts presented at the proceedings. Not my speculations just truth and facts. The facts are referenced by both Councils and concurred by the Justice. It is what it is and I am in agreement that it is the best that our legal team could accomplish within the parametres of the existing legal precedances and law.

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Re: ASKED TO PUT COMMENTS ALL TOGETHER IN ONE POST SO HERE IT IS ...FRIDAY FINAL DAY OF PROCEEDINGS HALIFAX

Post by peep on Fri 15 Feb 2013, 13:38

Thanks for your valiant efforts Sparrow
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Re: ASKED TO PUT COMMENTS ALL TOGETHER IN ONE POST SO HERE IT IS ...FRIDAY FINAL DAY OF PROCEEDINGS HALIFAX

Post by Guest on Fri 15 Feb 2013, 13:39

I tried my best peeps, it was an emotional day yesterday for me as well..
sparrow

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Re: ASKED TO PUT COMMENTS ALL TOGETHER IN ONE POST SO HERE IT IS ...FRIDAY FINAL DAY OF PROCEEDINGS HALIFAX

Post by beleaf67 on Fri 15 Feb 2013, 13:55

Sparrow, great job, you can always look at yourself in the mirror and be proud of who looks back! Again, thanks.

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Re: ASKED TO PUT COMMENTS ALL TOGETHER IN ONE POST SO HERE IT IS ...FRIDAY FINAL DAY OF PROCEEDINGS HALIFAX

Post by Redfisher1 on Fri 15 Feb 2013, 14:06

Thanks Sparrow for all the updates,

BUT

I needed closure. I really needed closure not another few weeks to months of waiting further. The legal team should have told us of this further delay not just sit back and keep us in the dark about what they could have told us to keep the anxiety down to a minimum.

This further waiting and further not knowing the financial impact of this settlement is killing me. When you look forward to something for so very long and it is so close but light years away blows Goats.

I want my money in my bank account so I can wash my hands of this and walk away! This has been a nightmare in titanic proportions and it is still dragging its feet. God almighty I wish I never heard of this Class Action but instead opened my mailbox (sometime in the future) and found a letter explaining what HAD happened and here is your portion of the settlement. I freaking hate being strung along!

This blows! I need closure. I am shaking my head in the retardedness of this whole gong show. FFFFFFFFFFFFFFFFFFFFFFFFFF

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Re: ASKED TO PUT COMMENTS ALL TOGETHER IN ONE POST SO HERE IT IS ...FRIDAY FINAL DAY OF PROCEEDINGS HALIFAX

Post by RobbieRoyal on Fri 15 Feb 2013, 14:20

Am I allowed to speak, I hear ya REDFISHER, ok now everyone jump on me
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Re: ASKED TO PUT COMMENTS ALL TOGETHER IN ONE POST SO HERE IT IS ...FRIDAY FINAL DAY OF PROCEEDINGS HALIFAX

Post by Guest on Fri 15 Feb 2013, 14:49

RR, you always will be allowed to speak as long as I can raise my empty draft glass to the Hamilton legion barman, and yes this delay does blow goats

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Re: ASKED TO PUT COMMENTS ALL TOGETHER IN ONE POST SO HERE IT IS ...FRIDAY FINAL DAY OF PROCEEDINGS HALIFAX

Post by beleaf67 on Fri 15 Feb 2013, 14:51

I think everyone is really tired and they've just had enough of waiting for their entitlements!! Nothing wrong with venting, just know that we're a team here, we're on your side!! Hang in there brother!!

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