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ELB Class Action Law Suit

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Re: ELB Class Action Law Suit

Post by brigitte63 on Fri 11 Apr 2014, 08:13

Again, after reading the few last posts and meteck's.....I am personaly taking an appointment with Me Bellemare in quebec city upon my arrival in Canada....I cannot accept what they are doing to us and I don't care if Mr. Drapeau thinks he has a case, he is not even returning mail... I am not going to loose 6 years, it is mine.

I will let you know what day I meet up with Me Bellemare. Cheer up people  Smile 

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Re: ELB Class Action Law Suit

Post by Guest on Fri 11 Apr 2014, 06:52

yup the only way to fight this is in the courts ore in the political arena. vets need a political wing with strong financial backing someone that can deal with these government officials from a position of power.

propat

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Re: ELB Class Action Law Suit

Post by sailor964 on Thu 10 Apr 2014, 21:10

Sounds to me like someone is trying to downplay this. I agree with sparrow, there's more then 1 round in this fight.
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Re: ELB Class Action Law Suit

Post by Guest on Thu 10 Apr 2014, 17:53

Don't lose hope meteck. Where there is good will and perseverance there is hope. Perhaps Rock the Hill will bring about a louder voice to this issue.

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Re: ELB Class Action Law Suit

Post by bigrex on Thu 10 Apr 2014, 13:09

I personally feel that refusing to argue against the ELB clawback, is the wrong move by the OVO. It shouldn't matter that it was legal, because it has created a situation of inequality that is both unfair, and unjust. There are an unknown number of Veterans who will not see a cent from these changes, possibly losing out on tens of thousands of dollars, because their ELB ceased before the changes were made, soley because they chose to attend school a few years earlier than others. Having this inequality, even among Veterans under the same piece of legislation, should be considered a systemic problem, and fixing the systemic problems is the whole reason the OVO was created.
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Re: ELB Class Action Law Suit

Post by sadveteran on Thu 10 Apr 2014, 11:50

meteck I did not believe you at first so i call the Ombudsman office and he is really dropping us, so we now know who he cares about. I wonder what happened to our right
You have the right to:
•Be treated with respect, dignity, fairness and courtesy.
how is our right to be treated with fainess met?

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ELB Retro

Post by Meeko35 on Thu 10 Apr 2014, 11:50

Sorry to see you go Meteck.  It has been great seeing your posts.  
I can't help but think someone from the Government is pressuring the Ombudsman's office to back off.  I understand the wording of the policy but I also know that on all my ELB worksheets the "benefit" was listed under the income section and deducted the same as my military pension.  It does not make sense that they could do that for years and then suddenly say oops.
Maybe the lawyers have decided that the government is only good for 1 cash cow event.  I still don't get why this was not rolled into one when we did the original case.  I remember asking the law firm that question and was pushed off with them telling me that we could pursue it after that case was done. One at a time thing. Guess they only wanted the sure thing.
It feels wrong to give up but it seems like our best hope of a government voice has moved on to other issues which I am sure they have many to choose from.  Now I remember what a blade in the back feels like

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Re: ELB Class Action Law Suit

Post by meteck on Thu 10 Apr 2014, 10:39

this will be my last post here for a while people.. I received a call today from ombudsmans office outlining their OFFICIAL position on the clawback for elb,va,is....they will not be arguing on our behalf going forward as they believe the gvmnt has crossed all their I,s and t,s and the legislation is legally binding. this means no class action suit..it means not a penny more than 29 may 2012. I have been angry and upset for so long I forgot what it was like to not be...does this suck for us vets..you bet it does. ill be out on the street at 48 after 9 years on elb suddenly looking for a job with my vast array of pensionable conditions. drapeau aint giving sit-reps bruce 72 because he knows there is no case. they legally bent us over and rode us till the cows came home people..i for one am finished. the parm gills of the world will get whats coming to him karma is a bitch. good luck all.cheers I am out!!!!!

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Re: ELB Class Action Law Suit

Post by Teentitan on Wed 09 Apr 2014, 21:45

aicise go to the Veteran Help thread and ask cfvet if he knows anything about applying for cannabis card with VAC.

This is the pivotman so to speak about the ELB and LTD one word "benefit". Any law firm has to fight that benefit is income.

A perfect Catch 22 FUBAR
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loopholes

Post by aicsie on Wed 09 Apr 2014, 17:20

teentitan wrote:In my opinion this could be a very, very difficult lawsuit to win.  Here's why...

wording

In the LTD policy the word "income" is used whereas in ELB policy the "benefit" is used.  Justice Barnes even pointed this out in his decision.

This should be the first question to anyone that contacts a lawyer.

Remember the NVC was written by senior VAC bureaucrats who worked at VAC for years and saw the 'loopholes' of the PA. They wrote the NVC to close these loopholes.

 
 
that must be the angle of the entire fight and the entire campaign, to correct this assumed semantic to an accepted obvious rational. The Earning Loss Benefit IS Income and was translated as income prior to Dennis proving you can not deduct from our income to calculate our income + pension!!! So it falls under the list of Benefits: yes it is an INCOME Benefit FFS!!!!!! looking for a Nurse to help with this freaking weed application form thing, help, confused!
 
"I thought I found all the loopholes in society, but they were all nooses." I came up with that little ditty after my first rejected app to VAC..keeps banging around in my head.

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Re: ELB Class Action Law Suit

Post by meteck on Wed 09 Apr 2014, 16:13

I have contacted mr gills office in the recent past and was balonied by their staff. this guy has his office in Brampton and it will be my pleasure on take the hill day to go and picket his pathetic office all day long. I would now if I could..

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Re: ELB Class Action Law Suit

Post by Teentitan on Wed 09 Apr 2014, 11:20

Just got this news release from Peter Stoffer....


Veterans
Oral Questions April 8, 2014

2:50 p.m.



Peter Stoffer Sackville—Eastern Shore, NS

Mr. Speaker, what utter nonsense. What we are talking about is the earnings loss benefit that was wrongfully clawed back from disabled veterans from April 2006 to just the other day. Two previous Veterans Affairs ministers said very clearly that they would deal with this issue in an honourable way, but in the omnibus legislation, it only went back two years. It should have gone back all the way to 2006.

Why should disabled veterans and their families have to go to the courts to fight the government to get the benefits they so richly deserve?


Veterans
Oral Questions

2:50 p.m.

Brampton—Springdale
Ontario



Parm Gill Parliamentary Secretary to the Minister of Veterans Affairs

Mr. Speaker, that member knows full well that the courts did not impose anything on Veterans Affairs on their programs. Our government voluntarily increased benefits for veterans receiving earnings loss, Canadian Forces income support, and the war veterans allowance.

This means thousands of dollars for veterans in addition to added benefits, such as snow removal, lawn care, home-cleaning services, and lower costs for long-term care.

I would encourage the opposition members to support the government, get on board, and help Canada's veterans.
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Re: ELB Class Action Law Suit

Post by Bruce72 on Wed 09 Apr 2014, 00:44

I was hoping to hear back from Michel Drapeau's Office in the last two days, but didn't so I'm going to phone her office back to get a SITREP.

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Re: ELB Class Action Law Suit

Post by meteck on Tue 08 Apr 2014, 14:22

did anyone else see micheal blais today on cbc talking specifically about the clawback and the disgust shown by vets over the 4 month retro? I have has dental surgery and cannot speak well in last week but I want to scream my support for what his organization is doing for us vets. now I read about rock the hill 2014 and I cant help but feel that our time is finally coming. finally our frustration is being heard by the masses and perhaps its not to late to hope for better treatment by this gvmnt. i am encouraged by the determination of vets to not go gently into the night..im getting better and soon your gonna here me roar...like the katy perry plug lol...keep fighting gents,cheers

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Re: ELB Class Action Law Suit

Post by Guest on Mon 07 Apr 2014, 20:41

True and legit!

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Re: ELB Class Action Law Suit

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