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 email@example.com
January 16, 2023
Court adjourned summary judgment motion to allow parties an opportunity to engage in settlement negotiations.
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.
May 2, 2022
The Plaintiffs attended a Case Management Conference before Justice Kane on May 2, 2022
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.
January 8, 2021
This action has been certified as a class proceeding. To view the certification order, please click here.
January 25, 2019
Statement of Claim was issued and filed in Federal Court on January 25, 2019. To view this document, please click here.
- January 16, 2023
News Releases and Reports
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.
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