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ELB Class Action Law Suit

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Re: ELB Class Action Law Suit

Post by 1993firebird on Tue 16 Jun 2015, 15:22

I never have to be reassessed , Doctors report , again for my ELB as I am over 100% disabled and I was told that I do not require the paperwork filled out ever again. I wish SISIP had that because if I win my appeal with them I will go on LTD losing ELB and have to do the medical reports every year or two years but if they reject me I at least can go back on ELB as I am TPI with Veterans Affairs for life. Very Happy

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Re: ELB Class Action Law Suit

Post by Teentitan on Wed 13 May 2015, 10:29

From what Mr. Juneau explained to me back in February was on March 12, 2015 the law firm was going to present to a judge their evidence/proof to get the class action certified.
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Re: ELB Class Action Law Suit

Post by 6608 on Wed 13 May 2015, 10:12

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Re: ELB Class Action Law Suit

Post by bigrex on Wed 13 May 2015, 09:52

I am confused, which is shocking. I just checked the Federal courts website, and there is no listing found for a Toth v Canada, or even the court file number. If this is legit, why is there no court records?
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Re: ELB Class Action Law Suit

Post by Brasidas on Wed 13 May 2015, 09:16

Did the Crown's certification record go through yesterday?

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Re: ELB Class Action Law Suit

Post by EZRider on Sat 28 Mar 2015, 12:17

This is an e-mail I rcv'd from Mr. Juneau, I'm sure others have seen it as well, but I thought I'd pass it along for all concerned. I'm liking how things are moving along here! Smile

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Re: ELB Class Action Law Suit

Post by EZRider on Fri 27 Mar 2015, 18:04

Dear Sir/Madam,



1. As you know, we are assisting a large national law firm to have a class action lawsuit certified. The lawsuit concerns reclamation of monies clawed back against the Earnings Loss Benefit, Canadian Forces Income Support and War Veterans Allowance between April 2006 and April 2012.



2. An Action has been filed in Federal Court, and is titled Toth v. Canada (Attorney General). The court file number is T-1068-14.



3. Currently, the case is in the process of being certified. This means that we are trying to have the class recognized by the courts. The litigation timetable, as ordered by the Court, is as follows:



a. Crown's certification record: due by May 12, 2015

b. Cross-examinations and related motions: to be completed by July 12, 2015

c. Our memorandum of argument: due by August 12, 2015

d. Crown's memorandum of argument: due by September 12, 2015

e. Certification hearing: to take place after October 1, 2015.



4. ** Please note **: Currently, we are not looking for additional information or persons to establish the class. We kindly request that you do not email us with additional information at this stage, or encourage others to do so. Once the matter is certified (After October 1, 2015), we will be publishing a General Notice on our website calling out to identify additional class members.



5. We encourage you to monitor our website for any developments and continue to keep you apprised as this matter progresses.



Yours truly,





Joshua M. Juneau
Barrister & Solicitor / Avocat-notaire

tel (613) 236-2657 x22
fax (613) 236-7476


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Re: ELB Class Action Law Suit

Post by Guest on Tue 24 Mar 2015, 16:14

Well said there meteck, and here's hoping it continues after the election.

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Re: ELB Class Action Law Suit

Post by meteck on Tue 24 Mar 2015, 13:05

with more and more current soldiers heading overseas to fight isil this gvmnt I believe is in fast track mode to mend fences with vets overall...and we may never get this much attention to our lawsuits than in the next 6 months...so heres hoping this gvmnt continues to swing in our direction..elb clawback is a classic case of they now admit they took our money..stopped the process..paid us back in time to when they announced they would no longer take our money..obviously the next step is too give us back the 6 years of taking our money...then we will be even...all in all I think this year is the year when vets get whatever is coming...after this election..we may never have the leverage we seem to have now..heres hoping for all of us!!!!

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Re: ELB Class Action Law Suit

Post by bigrex on Mon 23 Mar 2015, 12:58

Equipment procurement for the Navy has been up and down under both parties. The Liberals gave us the Iroquois class, and the Tories upgraded them. The Tories were in power when the CPFs were built, and then the Liberals built the Kingston Class. But now they are decommissioning both of the AORs, and the Tories scrapped their planned replacements , the Joint Support Ship, for fewer hulls of a less capable German design, and are currently being built. They have also decommissioned two of the three Trumps, and the planned replacements (15 frigates to replace the trumps AND the CPFs) are not due to start being built until 2018, so likely will not be in service for another 5 years or more. And the last ones are not expected until 2033. So right now, because deployments are so limited, due to budget restraints, members of the Navy are not posted to a specific unit anymore. They are all in a manning pool, and when a ship is required to sail, they man it from that pool, with the individuals that require the most experience. So instead of ships manned with several experienced sailors for every younger generation man and woman, now the inexperienced outweigh those with the knowledge. So, what is worse, not having the equipment, or having the equipment, but no money to use it?
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Re: ELB Class Action Law Suit

Post by Teentitan on Mon 23 Mar 2015, 11:41

Thanks Rex....this should be a sign that there is too many lawsuits going on to keep track of them!!! HINT.....HINT.....HINT to VAC!

But can one dream Rex?
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Re: ELB Class Action Law Suit

Post by RCNRetired on Mon 23 Mar 2015, 11:40

Rex, I agree with most of what you are saying but would suggest that it is just not the Conservatives that look down through their noses at veterans. This has been a trait of of all stripes of politicians just depends which party is in power. I would suggest that the liberal party are the worst because in all the years I served it was them that cared nothing about the Armed Services, one just has to look at the equipment we use. The NDP, well at one time it was a standing joke that they could promise anything they wanted because they knew they would never have to deliver. They are close now and who knows just maybe depending on how the stars line up on Election Day they may have to put up or shut up. I would suggest that until the three main parties can stop acting like children and finally figure out they are all there to debate and come up with sound solutions we are doomed. Oh yes, and the one thing I disagree with most is those that have broke the laws of our country and incarcerated they should not be collecting one red cent, they gave up their rights when they murdered someone or robbed someone or raped someone or for what ever other crime they did. As soon as they are released sure start collect lay immediately but not while being guests of the tax paying citizens of Canada.

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Re: ELB Class Action Law Suit

Post by bigrex on Mon 23 Mar 2015, 11:31

Teen, that is a different lawsuit. The one they are talking about is for the Veterans who had their benefits reduced by the Pension Act pension, before the 2012 announcement.
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Re: ELB Class Action Law Suit

Post by Teentitan on Mon 23 Mar 2015, 10:54

If you go to the Equitas Thread Don Sorochan sent out an invitation on what he has written up about Canada's obligation in the preamble of the NVC. He'd like constructive input if he has missed something.

Now about the lawsuit last I heard it is still on hold as both sides are still negotiating a settlement.

This is a good thing in my opinion as it means there is more announcements coming to improve the NVC. Most likely to be revealed in the budget.

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Re: ELB Class Action Law Suit

Post by loggie on Mon 23 Mar 2015, 09:48

It is all about head space and timing.
The PC have lots of head space but are not too good with the timing

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Re: ELB Class Action Law Suit

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