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Canadian Forces Delayed Pension Class Action
This class action concerns delays in the processing of immediate pension entitlements owed to veterans who are discharged from the Canadian Armed Forces. The class action is against the Attorney General of Canada and alleges, among other things, that Canada has engaged in chronic, excessive and unreasonable delay in the payment of pensions to discharged members of the Canadian Armed Forces. It is alleged that through mismanagement, Canada has forced discharged members of the Canadian Armed Forces to wait weeks, months and in some instances years, before receiving their pension payments.
The statement of claim, issued on June 30, 2017. It was certified as a class action on April 16, 2021 on behalf of all persons who:
(a) served in the Canadian Armed Forces – Reserve Force;
(b) released from the Canadian Armed Forces between March 1, 2007 and October 31, 2017;
(c) were entitled to receive an Immediate Annuity, Transfer Value, Annual Allowance and/or Bridge Benefit under the Regular Force Pension Plan or the Reserve Force Pension Plan; and
(d) did not receive payment of the Immediate Annuity, Transfer Value, Annual Allowance and/or Bridge Benefit for more than 60 days from the date of release.
For more information please call at 1-800-513-6344 or email at cafpensions@kmlaw.
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Latest Developments
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February 14, 2023
Pursuant to the direction of Associate Judge Horne, the parties are working to complete discovery through the summer of 2023. A case management conference is scheduled for late June 2023, at which time the parties will provide an update to the Court and establish a timeline to the common issues trial.
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May 12, 2022
The litigation process is ongoing. The action is in the discovery phase. It is anticipated that this phase will be completed by the end of the year.
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April 29, 2021
We are pleased to announce that this action has been certified as a class proceeding. Further information can be found in the Documents section here.
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August 7, 2020
The Government of Canada has appealed the certification decision. The Appeal is currently before the Federal Court of Appeal. A hearing date has not yet been set.
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November 12, 2019
This action has how been certified as a class proceeding. The Order and Reasons for Certification can be viewed here.
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November 22, 2018
The cross-examinations in this matter have concluded. The next step will be for any refusals motions to be brought arising from the cross-examinations.
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February 28, 2018
The next step in this proceeding will be for the defendant to deliver a Responding Motion Record for the certification motion. The Responding Motion Record will be delivered on July 13, 2018.
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September 5, 2017
A timetable leading to the certification hearing will be confirmed shortly and posted on this webpage. The certification hearing is a court hearing to determine whether the case can continue as a class action.
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June 30, 2017
A Statement of Claim has been issued in this case.
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February 14, 2023
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News Releases and Reports
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Documents
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FAQS
What is a class action?
A class action is a lawsuit which provides a method for a large group of people with common claims to join together to advance one large claim. Class actions are a more efficient and cost-effective way for groups of people with common claims to gain access to the legal system and seek justice.
What does certification mean?
In order for an action to proceed as a class action, the court must determine whether it is appropriate for the case to be treated as a class action. Some of the factors the courts consider are the extent to which the claims of the class
members are common, and whether a class action is preferable to other methods (such as individual actions) of advancing the issues. The decision as to whether a class action should be certified takes place at a certification hearing and is decided by a judge. If certified, a representative plaintiff will advance the action on behalf of all of the class members.How do I know if I am a Class Member?
The certification order will always contain a description of who is a class member. We post the certification orders in our actions so that you can review them. You do not need to “sign up” to become involved in a class action. If you are included in the class description, you are automatically a class member who will be affected by the outcome of the class action unless you decide to “opt out”.
Are Class Members notified of the certification of the class proceeding?
Yes. After the claim has been certified, the court will authorize notice to be given to the members of the class.
Can I opt out of a class action and pursue independent legal action?
Yes. When a class action is certified, class members are always given an opportunity to opt out of the action. A deadline is imposed for opting out. If you do not opt out by the given deadline, class members will be bound by the outcome of the class action, whether it is successful or unsuccessful. If you opt out, you will not receive any benefit if the action is successful.
Will there be any cost to class members for legal fees?
Typically, class actions are handled on a contingency fee basis, which means that the class action lawyers will be paid only if the class action is successful at trial or settled. In that case, class counsel fees may be paid by the defendants or out of the settlement or judgment proceeds as approved by the court. In addition, the plaintiff may seek funding assistance from the Class Proceeding Fund which, if funding is granted, may provide funding for disbursements.
I still have questions…
Please feel to contact us by using the contact information on this site.
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Contacts
Email: cafpensions@kmlaw.ca
Tollfree: 1 800 513 6344
