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Veterans’ Disability Pension Miscalculation Class Action
Koskie Minsky LLP commenced a class action against the Attorney General of Canada on behalf of all veterans who were in receipt of disability pensions or disability awards between 2002 and 2010 from Veteran Affairs Canada. The Statement of Claim, issued in Federal Court on January 25, 2019, alleges that the Attorney General of Canada, acting through Veteran Affairs Canada, miscalculated the disability pensions and disability awards of veterans between 2002 and 2010. As a result of this error, veterans have not received the full amount of benefits they are entitled to, or interest on those benefits.
The claim alleges that the Attorney General of Canada breached its fiduciary duties, contractual obligations, and was negligent in the administration of disability pensions and disability awards.
For more information or if you were affected by this calculation error, please call at 1-866-545-9920 or email at vdpmclassaction@kmlaw.ca
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Latest Developments
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March 18, 2024
We are pleased to announce that the Federal Court decision approving the settlement of this class proceeding became effective on March 19, 2024.
Later this year, Class Members who currently receive disability pensions directly from Veterans Affairs Canada (VAC) will automatically receive settlement payments from VAC by direct deposit or cheque.
Estates, family members of deceased Class Members and other Class Members who do not currently receive disability pensions directly from VAC will be required to submit a Claim by March 18, 2025. Claims can be submitted at the administrator’s website:
veteranspensionsettlement.kpmg.ca
veteranspensionreglement.kpmg.ca
A dedicated call center has been established by the administrator to address general inquiries and help individuals complete the online claims form. Please call 1 (833) 839-0648. You may also visit the administrator’s FAQ page.
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January 18, 2024
We are pleased to advise that the Federal Court has approved the settlement of this action. The Court’s Order will not become effective until March 18, 2024. Class Members who currently receive payments directly from Veterans Affairs Canada will automatically receive their settlement compensation later this year. For estates and other Class Members and their survivors who are required to file a claim form, those forms can be filed with the settlement administrator beginning on March 18, 2024. We will post more information about the claims process at that time. You can view a copy of the Settlement Approval Order here.
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December 19, 2023
The Approval Hearing took place as scheduled on December 18, 2023. Justice Kane has reserved her decision on the settlement approval. Once a decision is made, more information will be made available at: www.vetspensionerror.ca.
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December 15, 2023
Class Members wishing to observe the Settlement Approval Hearing may use the following link to register for the public videoconference. Please note, this link is for observation only and will not permit observers to speak at the hearing: https://cas-satj.zoom.us/webinar/register/WN_A4t4s-DhQSeM_Y75GLG9dA
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November 10, 2023
The Parties have entered into a Final Settlement Agreement dated November 8, 2023. The Final Settlement Agreement requires the approval of the Federal Court. A hearing will be held on December 18, 2023 in accordance with the Notice previously published, below.
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October 17, 2023
The Government of Canada has agreed to settle a certified class action involving the underpayment of certain disability pension benefits administered by Veterans Affairs Canada (VAC) and payable to certain members and former members of the Canadian Armed Forces and the Royal Canadian Mounted Police and their survivors.
The Short Form Notice of the Settlement Approval Hearing, in English and French, which has been approved by the Federal Court can be found here:
- Short Form Notice(English)
- Short Form Notice(French)
The Notice includes information about the settlement, the approval hearing and the rights of class members.
All documents relating to this class action and the proposed settlement can be found in the “Documents” section of our website or on the following website: www.vetspensionerror.ca. The settlement agreement will be available for viewing on this website beginning on November 8, 2023.
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January 16, 2023
Court adjourned summary judgment motion to allow parties an opportunity to engage in settlement negotiations.
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May 13, 2022
The Plaintiff’s summary judgment motion is scheduled to be heard on January 9-12, 2023 in Ottawa. A copy of the timetable for the hearing of the motion can be found under the Documents section.
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May 2, 2022
The Plaintiffs attended a Case Management Conference before Justice Kane on May 2, 2022
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July 30, 2021
The program for notice of certification has commenced. A copy of the Long form notice is available here.
To opt out of this class action, you must submit an Opt Out Form no later than October 28, 2021. A copy of the Opt Out Form is available here.
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January 8, 2021
This action has been certified as a class proceeding. To view the certification order, please click here.
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January 25, 2019
Statement of Claim was issued and filed in Federal Court on January 25, 2019. To view this document, please click here.
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March 18, 2024
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News Releases and Reports
- November 13, 2023 Recours collectif relatif au mauvais calcul de la pension d’invalidité des anciens combattants
- November 13, 2023 Proposed settlement reached in Veterans’ Disability Pension Miscalculation Class Action
- January 25, 2019 Koskie Minsky Brings Class Action against the Attorney General of Canada for Miscalculating Veterans’ Pensions from 2002 to 2010”
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Documents
- January 18, 2024 Order and Reasons
- November 8, 2023 Final Settlement Agreement
- October 17, 2023 Long Form Notice of Proposed Settlement - English
- October 17, 2023 Long Form Notice of Proposed Settlement - French
- October 17, 2023 Short Form Notice of Proposed Settlement - English
- October 17, 2023 Short Form Notice of Proposed Settlement - French
- October 17, 2023 Notice of Settlement Approval Hearing
- October 17, 2023 Objection Form - English
- October 17, 2023 Objection Form - French
- May 2, 2022 Directions of Justice Kane
- July 30, 2021 Long Form Notice (English)
- July 30, 2021 Avis Détaillé (Français)
- July 30, 2021 Formulaire D'Exclusion (Franҫais)
- July 30, 2021 Opt out Form (English)
- January 8, 2021 Order
- January 25, 2019 Statement of Claim
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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
