McInnes Cooper files class action for disabled veterans denied benefits due to alleged flawed and unfair process
February 6, 2015
HALIFAX – McInnes Cooper lawyer Daniel Wallace has filed a Notice of Application with the Federal Court, Halifax, on January 19, 2015 on behalf of disabled military veteran Fernand Kenney of Quebec. By launching this proposed class proceeding, Mr. Kenney asks the Court to review of the Government’s decision to deny him long-term disability benefits due to a missed deadline, which was missed because he received incorrect information from the Canadian Forces.
“The Federal Court has already ruled, and the Government has accepted, that their calculation of long term disability benefits was flawed,” says Wallace, “As a result of the flaw, many disabled veterans are being denied benefits that they paid for throughout their career. We are respectfully asking the Court to require the Government to at least consider Mr. Kenney’s claim for benefits.”
Mr. Kenney, who served in the Canadian Forces for almost thirty years, suffers from post-traumatic stress disorder resulting from his service during the Bosnian war in 1993. Mr. Kenney received an involuntary medical release from the Canadian Forces. In his application, Kenney indicates that he was given the wrong information by the Canadian Forces, who led him and others to believe that, even after going through a lengthy and costly process of applying for the benefits, no payments would be provided. Based on this incorrect information, Mr. Kenney missed the 120-day deadline for applications.
Daniel Wallace served as co-counsel on the successful disabled veteran-led class-action lawsuit (2008-2013) over clawed-back pension benefits. Dennis Manuge and thousands of other veterans’ long-term disability benefits were reduced by the amount of the monthly Veterans Affairs disability pensions they received. The Federal Court concluded it was unfair of the federal government to treat pain and suffering awards as income.
Link to filed court document.
About McInnes Cooper
McInnes Cooper is among the top business and litigation law firms in Canada, with more than 200 lawyers in seven offices, serving clients across North America and abroad. The firm is a market leader in energy and natural resources, business, litigation, employment, tax, real estate and insurance law. McInnes Cooper is the exclusive member firm in Newfoundland, New Brunswick, Nova Scotia and Prince Edward Island for Lex Mundi – the world’s leading network of independent law firms with in-depth experience in 100+ countries worldwide.
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